Generated by All in One SEO Pro v5.0.1.1, this is an llms-full.txt file, used by LLMs to index the site. # Ashbrooke Management Consultants Risk management is our business ## Posts ### [Insight](https://ashbrookeconsultants.co.uk/insight/) **Published:** August 2, 2020 **Author:** Administrator --- ### [What Businesses Need to Comply with the Workplace (Health, Safety and Welfare) Regulations?](https://ashbrookeconsultants.co.uk/health-and-safety/what-businesses-need-to-comply-with-the-workplace-health-safety-and-welfare-regulations/) **Published:** October 17, 2026 **Author:** Administrator **Excerpt:** Almost every business that employs people, or controls premises where people work, must comply with the Workplace (Health, Safety and Welfare) Regulations 1992 (SI 1992/3004). The main exceptions are construction sites, ships and underground mineral extraction, with lighter requirements for temporary, farming and forestry sites. **Content:** ## The short answer Almost every business that employs people, or controls premises where people work, must comply with the [Workplace (Health, Safety and Welfare) Regulations 1992 ](https://www.legislation.gov.uk/uksi/1992/3004/contents)(SI 1992/3004). The main exceptions are construction sites, ships and underground mineral extraction, with lighter requirements for temporary, farming and forestry sites. The Regulations set the basics of a safe and healthy working environment: ventilation, temperature, lighting, cleanliness, space, workstations, floors, doors, windows and traffic routes, plus welfare facilities such as toilets, washing facilities, drinking water and rest areas. This guide explains who must comply, what counts as a workplace, and what each part of the Regulations asks of you. The [Regulations apply](https://ashbrookeconsultants.co.uk/health-and-safety/does-the-control-of-asbestos-regulations-apply-to-my-business/) in Great Britain. Northern Ireland and the Republic of Ireland have their own equivalent rules, covered at the end of this article. ## Who has to comply? Regulation 4 puts the duty on two groups: employers, and anyone else who has control of a workplace. - **Employers.** Every employer must ensure that each workplace under their control, where any of their employees work, meets the Regulations. - **Anyone with control, to any extent.** This covers a person who controls a workplace in connection with a trade, business or other undertaking, whether or not it is run for profit. Landlords, building owners and managing agents are caught, but only for the matters within their control, such as shared toilets, stairs, lobbies and ventilation plant. - **Tenants.** A tenant employer is responsible for the workplace they control. Toilets and other facilities can be provided by a landlord or a neighbouring business, but the employer remains responsible for making sure they meet the standard. - **Self-employed people.** The “control” duty does not apply to a self-employed person in respect of their own work or the work of their partners. A sole trader who employs staff is still an employer and is covered. If your employees work at premises you do not control, such as a client’s site, these Regulations do not place a duty on you for that site. [HSE](https://www.hse.gov.uk/) guidance says you should still take the steps needed under your general health and safety duties to make sure your people have access to toilets and washing facilities. ## What counts as a workplace? The Regulations apply to every workplace unless regulation 3 says otherwise. Under regulation 2, a workplace is any premises, or part of premises, that is not domestic premises and is made available to a person as a place of work. That includes any place within the premises the person can access while at work, and any room, lobby, corridor, staircase or other route used to reach it or where facilities are provided for it. In practice that means: - **“Premises” includes outdoor places**, not just buildings. - **Domestic premises are outside the Regulations.** A private dwelling is not a workplace, so people working from home are not covered. Hotels, nursing homes and the kitchens of hostels or sheltered accommodation are covered. - **Shared areas count.** Common parts of shared buildings and private roads and paths on industrial estates and business parks are workplaces. - **New work on an existing building must comply.** A modification, extension or conversion must meet the relevant requirements as soon as it is in use, and regulation 4A requires any building used as a workplace to have stability and solidity appropriate to its use. ### Exclusions and lighter requirements SituationWhat appliesShipsExcluded, except regulations 8(1) and (3) (lighting) and 12(1) and (3) (floors and traffic routes) for repair, refit and similar operations in shipyards and dock premises[Construction sites](https://ashbrookeconsultants.co.uk/health-and-safety/construction-site-safety/) where the only activity is construction workExcluded, except regulations 18 (doors and gates) and 25A (disabled persons). Indoors, regulations 7(1A), 12, 14, 15, 16, 18, 19 and 26(1) also applyBelow ground at a mineExcluded, except regulation 20 (toilets), applied so far as reasonably practicable for “readily accessible”QuarriesRegulation 12 applies only to floors and traffic routes inside buildings; regulation 20 as modified aboveAircraft, trains, trailers and licensed [vehicles used for transport](https://ashbrookeconsultants.co.uk/health-and-safety/vehicle-injured-guard/)Regulations 5 to 12 and 14 to 25 do not apply. Regulation 13 applies only when stationary inside a workplace and not on a public roadOutdoor farming and forestry workplaces away from the main buildingsRegulations 5 to 19 and 23 to 25 do not apply. Regulations 20 to 22 (toilets, washing, drinking water) apply so far as reasonably practicableTemporary work sitesRegulations 20 to 25 (welfare facilities) apply so far as reasonably practicableIf construction work is under way inside an otherwise normal workplace, [HSE](https://www.hse.gov.uk/index.htm "HSE") guidance treats it as a construction site, and so excluded, only if it is fenced off. Otherwise both these Regulations and the [Construction (Design and Management) Regulations 2015](https://www.legislation.gov.uk/uksi/2015/51/contents) apply. ## What the Regulations require Regulations 4A to 25A set the standards. Many use words like “suitable”, “sufficient” or “reasonable”, and regulation 2(3) says these must be judged for everyone using the workplace, including disabled people. RegTopicCore duty4AStability and solidityA building used as a workplace must have stability and solidity appropriate to its use5MaintenanceKeep the workplace, and equipment, devices and systems that prevent or reduce hazards, in efficient working order and good repair, with a suitable maintenance system where appropriate6VentilationEnclosed workplaces need a sufficient supply of fresh or purified air, with a warning device if ventilation plant fails where this matters for health or safety7TemperatureKeep indoor temperatures reasonable during working hours, insulate where necessary, avoid excessive sunlight effects, avoid harmful heating fumes and provide enough thermometers8LightingSuitable and sufficient lighting, natural where reasonably practicable, plus emergency lighting where a lighting failure would expose people to danger9Cleanliness and wasteKeep the workplace, furniture and fittings sufficiently clean, make surfaces cleanable and keep waste in suitable receptacles10Room dimensions and spaceEvery workroom needs enough floor area, height and unoccupied space for health, safety and welfare11Workstations and seatingWorkstations suitable for the person and the work, outdoor workstations protected where practicable, and a suitable seat where work can be done sitting12Floors and traffic routesSuitable surfaces with no hazardous holes, slopes or uneven or slippery areas, effective drainage where needed, kept free of obstructions, handrails on staircases13Falls or falling objectsTanks, pits and similar structures holding a dangerous substance must be securely covered or fenced where practicable. [Work at height](https://ashbrookeconsultants.co.uk/health-and-safety/working-at-height/) is covered by the Work at Height Regulations 200514Windows and glazed doors and wallsSafety material or protection against breakage where necessary, and marked so they are visible15Windows, skylights and ventilatorsMust be possible to open, close and adjust safely, and not create a hazard when open16Cleaning windowsWindows and skylights must be designed so they can be cleaned safely17Traffic routesOrganise the workplace so people and vehicles can move safely, with suitable, sufficient routes, separation of pedestrians and vehicles and signs where necessary18Doors and gatesSuitably constructed with safety devices, including anti-derailment, anti-fall-back and anti-trap features for sliding, upward-opening and powered doors19Escalators and moving walkwaysMust function safely, have necessary safety devices and an easily accessible emergency stop20Sanitary conveniencesSuitable and sufficient toilets at readily accessible places, adequately ventilated and lit, kept clean, with separate rooms for men and women unless each is a lockable single room21Washing facilitiesSuitable and sufficient facilities near toilets and changing rooms, with hot and cold or warm running water, soap and drying means, and showers where the work or health reasons require22Drinking waterAn adequate supply of wholesome drinking water, readily accessible, with cups unless it is a drinking jet23Accommodation for clothingSuitable and sufficient space for clothing not worn at work and for special work clothing24Changing facilitiesWhere special work clothing is worn and people cannot reasonably change elsewhere, provide suitable and sufficient changing facilities25Rest and eating facilitiesSuitable and sufficient rest facilities, eating facilities where meals are regularly eaten, protection for non-smokers, seating, and rest facilities for pregnant women and nursing mothers25ADisabled personsParts of the workplace used directly by disabled people, including doors, passageways, stairs, showers, washbasins, lavatories and workstations, must be organised to take account of them## The numbers: minimum figures in HSE’s Approved Code of Practice The Regulations themselves rarely give figures. The [Approved Code of Practice (ACOP) L24](https://www.hse.gov.uk/pubns/priced/l24.pdf) does, and these are the benchmarks inspectors will expect you to meet or beat. TopicACOP benchmarkMinimum workroom temperatureNormally at least 16°C. At least 13°C if the work involves rigorous physical effortSpace per personAt least 11 cubic metres, ignoring any ceiling height above 3 mFloor area for 11 m³About 4.6 m² with a 2.4 m ceiling, or about 3.7 m² with a ceiling of 3 m or higherFresh air supplyShould not normally fall below 5 to 8 litres per second per occupantThe temperature and space figures are starting points, not guarantees of compliance. The ACOP says 11 m³ may be too little if furniture and equipment take up much of the room, and that 16°C may not give reasonable comfort in every setting. The 11 m³ figure does not apply to retail kiosks, attendants’ shelters, machine cabs or rooms used for meetings and lectures. ### Toilets and washbasins Where men and women both work, the ACOP’s minimum is: People at workToiletsWashbasins1 to 5116 to 252226 to 503351 to 754476 to 10055Add one toilet and one washbasin for every 25 people (or part of 25) above 100. Where toilets are used only by men, the ACOP gives an alternative table that includes urinals: Men at workToiletsUrinals1 to 151116 to 302131 to 452246 to 603261 to 753376 to 904391 to 10044For men-only provision above 100, add one toilet per 50 men (or part of 50), with at least as many extra urinals. If you separate groups, such as office and manual staff, calculate for each group. For dirty work that heavily soils the face, hands and forearms, the ACOP raises the washbasin figure to one per 10 people (or part of 10) up to 50 people, then one more per 20 people (or part of 20). If the public also uses your facilities, add more so workers are not kept waiting. ## Special situations businesses often ask about - **Visiting delivery drivers.** HSE has said it is updating its guidance to make clear that drivers must have access to welfare facilities at the premises they visit for work, drawing on regulations 20 and 21. If you receive deliveries, check what your site offers. - **Facilities that are not on your premises.** Toilets and washing facilities do not have to be inside your own workplace, and you can use ones provided by a landlord or neighbour. They must still meet the standard and be available whenever your people are expected to be at work. Public facilities are acceptable only as a last resort. - **Temporary and remote sites.** For temporary work sites the welfare duties apply so far as reasonably practicable. For remote workplaces without running water or a nearby sewer, the ACOP expects enough water for washing and enough chemical toilets, emptied and recharged at suitable intervals. - **[Home workers.](https://ashbrookeconsultants.co.uk/health-and-safety/managing-home-workers-health-safety/)** Private dwellings are not workplaces under these Regulations, so they do not cover people working from home. Your wider duties under the Health and Safety at Work etc. Act 1974 still apply. - **Disabled workers.** Facilities, workstations and routes must be suitable for disabled people who use them, and regulation 25A requires the relevant parts of the workplace to be organised with them in mind. - **Pregnant women and nursing mothers.** Regulation 25(4) requires suitable rest facilities, which the ACOP says should be conveniently placed for toilets and, where necessary, allow a person to lie down. - **Smoking.** Where smoking is permitted, non-smokers must be protected from discomfort from tobacco smoke in rest areas. ## How compliance is judged **The ACOP has special legal status.** Failure to follow the ACOP is not an offence in itself. But if you are prosecuted for breaching health and safety law and did not follow the relevant ACOP provisions, you must show you complied in some other way, or a court will find you at fault. Following the ACOP’s advice is enough to comply on the matters it covers. **Some [duties](https://ashbrookeconsultants.co.uk/health-and-safety/appointing-a-competent-person/) are qualified.** Several regulations apply only “so far as is reasonably practicable” or “where necessary for reasons of health or safety. Others, such as keeping workplaces sufficiently clean or providing suitable and sufficient toilets, are unqualified. **Risk assessment drives the detail.** The [Management of Health and Safety at Work Regulations 1999](https://www.legislation.gov.uk/uksi/1999/3242/contents) require employers and the self-employed to assess risks. HSE expects you to review your arrangements as the workplace changes, and to consult employees in good time on health and safety matters. **Building Regulations set a baseline.** The ACOP says the standards in the Building Regulations should be met when complying with the Workplace Regulations, unless a higher standard is needed to protect health, safety and welfare so far as is reasonably practicable. ![Employer checking welfare facilities and workstations during a workplace inspection](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/erwinbosman-office-10463610_1920-1024x683.jpg)Is your workplace compliant? ## A practical compliance checklist Use this as a starting point for a workplace walk-round. It is a prompt, not a substitute for a risk assessment of your own premises. - Confirm who controls each part of the premises (you, a landlord, a managing agent) and who is responsible for what - Check that no regulation 3 exclusion applies, and note any partial exclusions such as temporary sites - Put a maintenance system in place for ventilation, emergency lighting, powered doors, fencing, escalators and similar equipment, and keep records - Measure temperatures near workstations and provide thermometers, and plan for hot and cold spells - Check lighting, including emergency lighting, and keep windows, lights and fittings clean - Compare headcount against floor area and the 11 m³ per person benchmark - Inspect floors, stairs and handrails, and set up routines for spills, obstructions, snow and ice - Review pedestrian and vehicle routes, crossing points, signs and loading bays - Check glazing, doors and gates, and window opening and cleaning arrangements - Count toilets and washbasins against the ACOP tables and confirm they are clean, lit, ventilated and private - Provide drinking water, clothing storage, changing facilities and rest and eating areas where needed - Review access and facilities for disabled workers, and rest facilities for pregnant and nursing workers - Agree who cleans shared facilities, and consult employees on what works in practice - Review everything when the workplace, headcount or work activity changes ## Frequently asked questions ### Do the Workplace Regulations apply to small businesses and offices? Yes. They apply to every workplace except those excluded by regulation 3, and there is no minimum size or number of employees. Shops, offices, schools, hospitals, hotels and places of entertainment are all covered. ### Do they apply to people who work from home? No. Domestic premises are outside the definition of a workplace, so homeworkers are not covered by these Regulations. Your general duties as an employer still apply. ### What is the minimum temperature in a workplace? The Regulations require a “reasonable” temperature indoors during working hours. The ACOP says it should normally be at least 16°C, or 13°C where the work involves rigorous physical effort. The Regulations do not set a fixed maximum, so the question is whether conditions are reasonable. ### How many toilets must a workplace have? The law requires “suitable and sufficient” toilets. The ACOP gives minimums, for example two toilets and two washbasins for 6 to 25 people, and five of each for 76 to 100, with one more of each for every 25 people above that. ### Does the landlord or the tenant comply? Both, for the parts they control. A tenant employer is responsible for the workplace it controls. A landlord or managing agent must make sure common parts and shared facilities within their control meet the standard. ### Do the Regulations apply on construction sites? Mostly not. Construction sites where the only activity is construction work are excluded, apart from regulations 18 and 25A, and some further regulations indoors. Welfare on construction sites is dealt with under the Construction (Design and Management) Regulations 2015. ## Northern Ireland and the Republic of Ireland The 1992 Regulations apply in England, Scotland and Wales. Northern Ireland has its own equivalent, the [Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993](https://www.legislation.gov.uk/nisr/1993/37/contents/made), which follow a similar structure. In the Republic of Ireland, workplace requirements, including welfare facilities, sit in Part 2, Chapter 1 of the [Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007)](https://www.irishstatutebook.ie/eli/2007/si/299/made/en/print). If you operate across several jurisdictions, check the rules for each site. If you require help identifying legislation applicable to your workplace, [please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). This article is general guidance, not legal advice. Check the current legislation and HSE guidance for your circumstances. **Categories:** Health and Safety **Tags:** Health and Safety --- ### [UK and EU Health and Safety Law: A Post-Brexit Comparison](https://ashbrookeconsultants.co.uk/health-and-safety/uk-and-eu-health-and-safety-law-a-post-brexit-comparison/) **Published:** October 9, 2026 **Author:** Administrator **Excerpt:** UK and EU health and safety law remain far more alike than different, but since Brexit they have started to drift apart in how rules are made, updated and enforced. Both systems share one core idea: employers must identify workplace risks and control them. They reach that idea by different legal routes, and the routes are now diverging. **Content:** ## Introduction UK and EU health and safety law remain far more alike than different, but since Brexit they have started to drift apart in how rules are made, updated and enforced. Both systems share one core idea: employers must identify workplace risks and control them. They reach that idea by different legal routes, and the routes are now diverging. For decades the two were effectively one system. Britain’s modern framework, set by the [Health and Safety at Work etc. Act 1974](https://www.legislation.gov.uk/ukpga/1974/37/contents) (HSWA), was built on the [Robens Report](https://archive.org/details/safetyhealthatwo0000grea) of 1972. It was enacted in 1974, a year after the UK joined the European Economic Community, but it was a home-grown design. From 1992 onwards, much of its detailed regulation was written to implement EU directives. The famous “six pack” of 1992 regulations, and later rules on [work at height](https://ashbrookeconsultants.co.uk/health-and-safety/working-at-height/), construction, asbestos and display screen equipment, all trace back to Brussels. The EU’s own foundation is the [Framework Directive 89/391/EEC](https://employment-social-affairs.ec.europa.eu/policies-and-activities/rights-work/health-and-safety-work_en), which set common principles for all member states in 1989. The UK left the EU on 31 January 2020, and the transition period ended on 31 December 2020. Since then Great Britain has been free to rewrite its rules, and Northern Ireland has followed a different path under the [Windsor Framework](https://www.gov.uk/government/publications/the-windsor-framework). Meanwhile the EU has kept legislating, adding new rules on machinery, asbestos, chemicals, artificial intelligence and platform work. For a business, a consultant or a safety professional working across the Channel, the practical question is no longer “are the rules the same?” but “where do they still match, and where must I check twice?” This article compares the two systems in five steps: 1. The foundations: the UK’s goal-setting model and the EU’s directive model. 2. What Brexit changed legally, including retained EU law and Northern Ireland. 3. How regulators and enforcement differ. 4. A topic-by-topic comparison of the main workplace regimes. 5. Where the systems diverge, where they still align, and a closing summary. A note on terms. UK” is used where the point applies across the whole country, and “Great Britain” (GB) or “Northern Ireland” (NI) where it does not, because [health and safety](https://ashbrookeconsultants.co.uk/health-safety-case-study/) is devolved in Northern Ireland and enforced by a separate regulator. “EU” means the Union-level rules, which member states must transpose into national law. Member states differ from one another, so any statement about “the EU” is necessarily a generalisation. This is general information, not legal advice, and the position was checked against public sources in October 2026. ![UK and EU Health and Safety Law](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/10/UK-Flag-1024x682.jpg)## Two foundations: goal-setting statute versus directive framework The UK model rests on a single enabling statute, while the EU model rests on a treaty power and a set of directives that member states must turn into national law. That structural difference explains most of the other contrasts in this article. ### The UK model: the 1974 Act The Health and Safety at Work etc. Act 1974 is an “enabling” Act. It sets broad duties and then lets ministers make detailed regulations under it. Employers must ensure the health, safety and welfare of their employees (section 2) and of other people affected by their work (section 3). Duties also fall on the self-employed, on those who design, make or supply articles and substances (section 6), and on employees themselves (section 7). Most of these duties are qualified by the phrase “so far as is reasonably practicable”. That wording lets a duty-holder weigh the size of a risk against the cost, time and trouble of removing it. It is the signature of the British approach: the law states the outcome and leaves the method to the duty-holder, with the burden of proving that more could not reasonably have been done resting on the defendant. Beneath the Act sit regulations, then [Approved Codes of Practice](https://www.hse.gov.uk/pubns/books/index-cop.htm) (ACOPs), then HSE guidance. An ACOP has a special legal status. A court can treat a breach of the relevant code as proof of a breach of the law unless the defendant shows it complied in some equally effective way. Guidance has no such status and is advisory. Since 1 October 2013, section 69 of the [Enterprise and Regulatory Reform Act 2013](https://www.legislation.gov.uk/ukpga/2013/24/contents) has also removed civil liability for breach of most health and safety regulations. An injured worker must now generally prove negligence rather than rely on breach of a statutory duty alone. Criminal enforcement is untouched. ### The EU model: Framework Directive and daughter directives The EU has no single workplace safety statute. Instead, Article 153 of the Treaty on the Functioning of the European Union lets the Union adopt directives setting minimum requirements for the working environment. Member states can then go further, and many do. The cornerstone is the Framework Directive 89/391/EEC. It requires employers to ensure the safety and health of workers in every aspect related to work. It also sets out general principles of prevention, which in outline are to avoid risks, evaluate those that cannot be avoided, combat risks at source, adapt work to the individual, and give collective protective measures priority over individual ones. Other core obligations are: - a documented risk assessment; - competent protective and preventive services; - information, consultation and participation of workers; - training; and - health surveillance. More than twenty “individual” or daughter directives then deal with particular subjects such as workplaces, [work equipment](https://ashbrookeconsultants.co.uk/health-and-safety/managing-home-workers-health-safety/), manual handling, display screens, carcinogens, asbestos, noise, vibration and construction sites. ### The key conceptual difference The two models look alike in practice but differ in legal wording. The EU duty is expressed as an obligation to “ensure” safety, with only narrow exclusions available to member states for unforeseeable events and exceptional circumstances beyond the employer’s control. The British duty is qualified by reasonable practicability. The European Commission challenged this gap in the Court of Justice. In [Case C-127/05, Commission v United Kingdom (2007)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62005CJ0127), the Court held that the UK had failed to transpose the Framework Directive correctly by qualifying the employer’s duty in this way. Britain never amended the 1974 Act in response, and since Brexit there is no longer any obligation to do so. The point remains the clearest example of a difference in legal design that has little to do with day-to-day outcomes but could matter in litigation. A second difference is the status of detailed rules. In the EU, a directive binds member states, not individual businesses, until it is transposed. In Britain, regulations, codes and guidance form a layered system in which [HSE](https://www.hse.gov.uk/index.htm "HSE") can often adjust the lower layers without new primary legislation. That flexibility matters for the post-Brexit story that follows. ## What Brexit changed, and what it did not Brexit changed who can amend the rules far more than it changed the rules themselves. On 1 January 2021 almost every [health and safety regulation](https://ashbrookeconsultants.co.uk/health-and-safety/does-the-control-of-asbestos-regulations-apply-to-my-business/) in force on 31 December 2020 continued to apply word for word. The real shifts came later, as Great Britain began to use its new freedom, and in Northern Ireland, where a different arrangement applies. ### Day one: retained EU law The [European Union (Withdrawal) Act 2018](https://www.legislation.gov.uk/ukpga/2018/16/contents) preserved EU-derived law at the end of the transition period as “retained EU law”. It came in three forms: - domestic regulations that had implemented directives, such as the [Management of Health and Safety at Work Regulations 1999](https://www.legislation.gov.uk/uksi/1999/3242/contents), the [Provision and Use of Work Equipment Regulations 1998](https://www.legislation.gov.uk/uksi/1998/2306/contents) and the [Work at Height Regulations 2005](https://www.legislation.gov.uk/uksi/2005/735/contents); - directly applicable EU regulations, such as REACH and CLP, copied into UK law; and - general principles and case law of the EU courts, which UK courts continued to follow. Because the main workplace rules were already domestic regulations made under the 1974 Act, they were largely untouched. Chemicals were the exception. EU REACH became “UK REACH”, and EU CLP became “GB CLP”, with HSE and other agencies taking over tasks previously done in Helsinki by the European Chemicals Agency. ### The “bonfire” threat and the 2023 Act In 2022 the government introduced the Retained EU Law (Revocation and Reform) Bill. In its original form it would have revoked all EU-derived secondary legislation at the end of 2023 unless ministers saved it, with an extension available to 23 June 2026 for specified items. Safety bodies led by [RoSPA](https://www.rospa.com/) warned that the Management Regulations, work at height rules and the “six pack” could be lost through an arbitrary deadline, and that better regulation is not deregulation. The 1974 Act itself was never at risk because it is domestic law. The Act as passed in June 2023 dropped the blanket sunset. Instead it: - revoked a schedule of around 600 named instruments, which the government described as largely defunct and unnecessary now that the UK has left the EU; - ended the supremacy of EU law and renamed the remainder “assimilated law”, from 1 January 2024; - gave senior courts more freedom to depart from EU case law; and - gave ministers powers to amend assimilated law by regulations. Those amending powers are the route to post-Brexit divergence. They have already been used. The Chemicals (Health and Safety) (Amendment, Consequential and Transitional Provision) Regulations 2026 (SI 2026/484) came into force on 21 May 2026. They abolished the duty to notify classification and labelling information to HSE and introduced a “fast-track” route under which [HSE](https://www.hse.gov.uk/) can adopt classification proposals from trusted overseas authorities, which can include the EU. They also removed the link requiring HSE to consider every opinion of the European Chemicals Agency’s risk committee. HSE says it is maintaining high standards, and the core classification criteria are unchanged. Some environmental groups and Scottish parliamentary committee members questioned the lack of detail and impact assessment. ### Northern Ireland: a different regime Northern Ireland remains inside part of the EU system. Under the Windsor Framework, more than 300 EU legal acts, mostly covering goods, continue to apply there, with the Court of Justice of the European Union as final arbiter of their meaning. The Stormont Brake lets the Northern Ireland Assembly challenge new or replacement EU rules that would significantly affect everyday life. The practical result is that product-safety law such as machinery, personal protective equipment and explosive-atmosphere equipment follows EU rules in Northern Ireland. Workplace duties are different. Employers’ obligations in Northern Ireland come from domestic legislation, principally the Health and Safety at Work (Northern Ireland) Order 1978, enforced by the Health and Safety Executive for Northern Ireland (HSENI). So a business there lives under EU product rules but locally made workplace rules. ### The trade agreement floor The EU-UK Trade and Cooperation Agreement also matters. Its level playing field provisions include a commitment not to weaken labour and social protections in ways that affect trade or investment, which covers occupational health and safety standards. This is a non-regression promise, not a duty to follow EU changes. It limits how far the UK could cut standards, and it is backed by the agreement’s own consultation and rebalancing mechanisms rather than its main dispute-settlement route. It does not require Britain to copy new EU rules. ## Regulators and enforcement Britain enforces through one national regulator and a heavy criminal-penalty culture, while the EU leaves enforcement entirely to its 27 member states and coordinates them from the centre. This is one of the most visible practical differences between the two systems. ### Great Britain and Northern Ireland The Health and Safety Executive (HSE), created under the 1974 Act, is the national regulator for Great Britain. It shares enforcement with local authorities, which cover lower-hazard sectors such as offices, shops, hospitality and leisure, and with sector regulators such as the Office for Nuclear Regulation and the Office of Rail and Road. In Scotland, prosecutions are decided by the Crown Office and Procurator Fiscal Service rather than by HSE. Northern Ireland has its own regulator, HSENI. Inspectors have strong administrative tools. They can serve improvement notices and prohibition notices without going to court, and since 2012 HSE has charged businesses a “fee for intervention” when it finds a material breach. HSE raised the hourly rates it charges under several cost-recovery schemes from 1 April 2026. Criminal penalties are a defining feature. Fines in the Crown Court are unlimited, and the Sentencing Council’s guideline links the level of fine to the offender’s turnover as well as to culpability and the harm risked. Individuals, including directors and managers, can face up to two years in prison for most health and safety offences. Where a death results, organisations can also be prosecuted under the Corporate Manslaughter and Corporate Homicide Act 2007, and individuals for gross negligence manslaughter. ### The European Union There is no EU-level inspector. Article 4 of the Framework Directive requires member states to make sure there are adequate controls and supervision, but how they do it is left to national law. Models vary widely. In Germany, statutory accident insurance institutions (the Berufsgenossenschaften and similar bodies) write accident-prevention rules and inspect alongside the state labour authorities. In France, labour inspectors enforce the Labour Code. Nordic countries typically combine strong inspectorates with dedicated workers’ safety representatives. The Union’s role is coordination and monitoring: - The [European Commission](https://commission.europa.eu/index_en) checks that directives are transposed correctly and can bring infringement cases before the [Court of Justice](https://curia.europa.eu/site/), as it did against the UK in 2007. - The [European Agency for Safety and Health at Work ](https://european-union.europa.eu/institutions-law-budget/institutions-and-bodies/search-all-eu-institutions-and-bodies/european-agency-safety-and-health-work-eu-osha_en)(EU-OSHA), based in Bilbao, collects data, publishes guidance and runs the Healthy Workplaces campaigns. - The [Senior Labour Inspectors’ Committee](https://employment-social-affairs.ec.europa.eu/policies-and-activities/rights-work/health-and-safety-work/senior-labour-inspectors-committee-0_en) (SLIC) brings national inspectorates together to share practice and run joint campaigns. - The [Advisory Committee on Safety and Health at Work](https://employment-social-affairs.ec.europa.eu/policies-and-activities/rights-work/health-and-safety-work/advisory-committee-health-and-safety-work-0_en) brings together governments, employers and unions to advise the Commission. The UK was a full participant in these bodies before 2021. HSE is no longer part of the EU institutional network, so Britain no longer receives that structured peer review, though HSE still works with international bodies and individual regulators. ### Penalties compared The directives require that national systems be effective, but they do not set penalty levels. Sanctions in the member states therefore range from administrative fines to criminal prosecution of managers, and the amounts differ greatly. British courts’ turnover-linked fines for large companies are generally among the heaviest of any system, though comparisons are hard because many EU states impose liability through insurance and social security schemes as well as courts. A business operating in several countries should not assume that a low-penalty jurisdiction means a low expectation of compliance. Inspections, stop-work orders and civil liability can all carry substantial consequences. ## Key regimes compared On most core workplace topics, Great Britain’s regulations are still near-copies of the EU directives they came from, because they were written to implement them and have rarely been rewritten. The differences that matter sit in how duties are framed, in a few specific numbers, and in areas where only one side has legislated since 2020. TopicGreat BritainEuropean UnionCurrent positionRisk assessmentManagement of Health and Safety at Work Regulations 1999; significant findings recorded for employers with five or more staffFramework Directive 89/391/EEC; documented assessment, with national rules allowed for the smallest firmsVery similarWorker consultationSafety representatives (trade-union appointed) and consultation regulations of 1977 and 1996Framework Directive requires consultation and participation; many states mandate safety committees or elected representativesSimilar aims, different mechanicsWork equipment and liftingPUWER 1998 and LOLER 1998Work Equipment Directive 2009/104/ECVery similarManual handling and display screensRegulations of 1992Directives 90/269/EEC and 90/270/EECVery similar; EU review under way[Work at height](https://ashbrookeconsultants.co.uk/health-and-safety/work-at-height/)Work at height Regulations 2005Directive 2001/45/EC, amending the Work Equipment DirectiveVery similarNoise and vibrationControl of Noise at Work Regulations 2005 and Control of Vibration at Work Regulations 2005Directives 2003/10/EC and 2002/44/ECVery similarHazardous substancesCOSHH 2002; workplace exposure limits in EH40Chemical Agents Directive 98/24/EC and Carcinogens Directive 2004/37/ECSimilar, with divergence in limit-settingAsbestosControl of Asbestos Regulations 2012; control limit of 0.1 fibres per cm³ over four hoursDirective 2009/148/EC, amended in 2023 to 0.01 fibres per cm³ over eight hoursDivergingConstructionCDM 2015 with principal designer and principal contractorDirective 92/57/EEC with safety coordinatorsDifferent modelsWorking timeWorking Time Regulations 1998 with an individual opt-out from the 48-hour limitWorking Time Directive 2003/88/ECSimilar text, different case lawAccident reportingRIDDOR 2013, under reviewNational systems; common statistical definitions for reportingDifferent### Where the match is closest Risk assessment, work equipment, manual handling, display screens, noise and work at height are the clearest cases. The British regulations and EU directives require the same steps in the same order: assess, control, inform, train and review. Even the numbers match. Both systems use the same lower and upper exposure action values for noise (80 and 85 dB(A)) and the same daily limit of 87 dB(A) allowing for hearing protection. A safety adviser trained in one system can move to the other with very little relearning on these subjects. ### Where structure differs Consultation shows how similar aims can reach different mechanics. Britain’s regime grew from trade-union appointed safety representatives, supplemented since 1996 by direct consultation or elected representatives where no union is recognised. Many EU states give statutory roles to works councils, elected safety delegates or joint committees, with stronger rights to time off and training, and in some cases rights to stop dangerous work. Construction is the clearest structural contrast. CDM 2015 places named duties on clients, designers, principal designers, principal contractors and contractors, so responsibility follows the project hierarchy. The EU directive instead centres on safety and health coordinators, appointed for the design and execution stages, and national laws vary in how they apply it. Working time also shows divergence in case law as much as text. The two systems share a 48-hour average weekly limit, minimum daily and weekly rest, and statutory paid leave. But the British law relies heavily on the individual opt-out the Directive permits, which many member states allow only in narrow circumstances. The EU Court of Justice also held in 2019 (Case C-55/18) that employers must have a reliable system for measuring each worker’s daily working time. That ruling binds EU states. Britain has no equivalent duty to record every worker’s daily hours, and since Brexit it is not bound by the ruling. ### Chemicals and exposure limits Chemicals show the biggest practical split. Both sides begin from the same hazard classification system, the UN’s Globally Harmonised System, and both retain a REACH-style registration regime. But UK REACH and EU REACH are now separate, with separate registration requirements, deadlines and databases. GB CLP also now follows a different amendment process from the EU’s CLP, as described earlier. Workplace exposure limits are set in separate processes too: the EU adopts binding and indicative limits at Union level, while Britain’s limits are published and revised through HSE’s EH40 list, advised by its own committees. Asbestos illustrates the point. The 2023 EU amendment cut the binding limit tenfold, to 0.01 fibres per cm³, with transposition due by 21 December 2025 and a move to more sensitive electron-microscopy measurement by 2029. Great Britain’s control limit remains 0.1 fibres per cm³, but it is averaged over four hours rather than eight, which HSE regards as the more conservative measure. In 2026 HSE published a review concluding that there was no clear evidence that lowering the limit would improve health outcomes, and argued that competence, training and enforcement matter more than the number. HSE has separately consulted on changes to its asbestos regulations covering clearance, surveys and notifiable non-licensed work, with responses closing in January 2026. Where the EU has tightened a number and Britain has deliberately held its own, the two systems are no longer aligned by default. ## Where the systems are diverging Most divergence so far is “passive”: the EU has legislated and Great Britain has stood still, so gaps open without any British decision to differ. A smaller but growing share is “active”, where Britain has chosen its own route. Four areas matter most. ### Product safety and conformity marking Product rules are where the two systems touch most directly, because machinery, protective equipment and electrical goods carry workplace risks as well as consumer ones. Britain originally planned to replace the CE mark with its own UKCA mark. After industry pressure, the [Product Safety and Metrology etc. (Amendment) Regulations 2024](https://www.legislation.gov.uk/uksi/2024/696/contents/made) made recognition of CE marking indefinite for 21 product regulations, covering machinery, personal protective equipment, electrical and radio equipment and toys. In Great Britain, a CE-marked product in those categories can generally be sold without UKCA marking. UKCA remains necessary for some categories outside that scheme, such as construction products. Northern Ireland follows EU rules, so there CE marking is required and a UKCA mark alone is not valid. Because indefinite recognition is a policy choice rather than a treaty guarantee, some manufacturers keep UKCA marking as insurance. Machinery is the next test. Regulation (EU) 2023/1230 replaces the Machinery Directive from 20 January 2027. It adds requirements for artificial intelligence in safety functions, cybersecurity, autonomous machinery and digital instructions, and widens mandatory third-party assessment for certain high-risk categories. Northern Ireland must apply it, and a 2026 statutory instrument provides for its enforcement there. For Great Britain the position is open. The government has run a call for evidence on machinery legislation, and its own explanatory material warns of a possible cliff edge in January 2027 if products meeting the new EU rules are not accepted. A business exporting machinery to both markets should plan for the EU deadline and watch the GB decision. ### Chemicals Chemicals regulation has diverged more than any other area. UK REACH and EU REACH are separate systems. The EU has also revised its CLP Regulation, while Great Britain has used the 2023 Act’s powers to change its own, abolishing the classification and labelling notification and creating the fast-track route described earlier. HSE says its policy is to maintain high levels of protection. Critics argue that a divergent GB system may produce different labels for the same chemical on either side of the Channel, and that monitoring divergence is hard. Northern Ireland, by contrast, remains under EU CLP. ### New EU initiatives with no British equivalent The EU’s current Strategic Framework on Health and Safety at Work covers 2021 to 2027. Its main active threads are: - **Psychosocial risks.** No dedicated EU directive exists, although the European Parliament has repeatedly asked the Commission for one covering stress, burnout and work organisation, and trade unions are campaigning for it. Several member states, including Belgium, Denmark and Sweden, already have specific national rules. - **Review of older directives.** The Commission’s Quality Jobs Roadmap promised a mid-2026 report on how the Framework Directive and related directives work in practice, and a review of the Workplace and Display Screen Equipment directives. The European Parliament held a hearing on the post-2027 strategy on 2 June 2026. - **Digital work.** The Platform Work Directive, adopted in 2024, includes rules on algorithmic management and is due for national transposition around the end of 2026. The EU AI Act and the new Machinery Regulation also affect workplace technology. - **Hazardous substances.** The EU has tightened limits for carcinogens and other substances, including asbestos, and has more updates planned. Great Britain has no matching legislative programme. Instead HSE works mainly through campaigns, guidance and enforcement priorities. ### British reforms of its own Britain is also making its own changes, partly in response to domestic pressures rather than Brexit. HSE has consulted on the first major overhaul of RIDDOR, the injury reporting regulations, since 2013, with responses closing on 30 June 2026. It has also consulted on revising its asbestos regulations. Work-related stress is a major focus, with the Working Minds campaign and inspections that treat stress as a risk to be assessed under the Management Regulations. Building safety has its own regime under the Building Safety Act 2022, and a new duty for venues and events under[ Martyn’s Law](https://www.gov.uk/government/news/martyns-law-guidance-published-to-help-businesses) is due in spring 2027. None of these has an EU counterpart, which shows the UK system is evolving rather than frozen. ## What still unites them, and what it means in practice The shared core is large and durable. Both systems place the primary responsibility on the employer. Both expect a risk-based approach in which hazards are identified, removed where possible, and otherwise controlled by measures that protect groups before individuals. Both require information, instruction, training and some form of worker involvement, and both expect employers to have access to [competent safety advice](https://ashbrookeconsultants.co.uk/health-and-safety/appointing-a-competent-person/). These ideas come from the same intellectual tradition, including the Robens philosophy of self-regulation within a legal framework and international labour standards that both sides support. Some technical infrastructure also remains common. British standards bodies stay full members of the European standards organisations CEN and CENELEC, so a large body of European harmonised standards for machinery and protective equipment continues to be used on both sides. Management-system standards such as [ISO 45001](https://ashbrookeconsultants.co.uk/compliance/safe-systems-of-work/) are international and used in both markets. Professional bodies and trainers move freely between the two systems, and the vocabulary of safety practice remains almost identical. That shared base means that most compliance programmes for UK workplaces transfer to EU workplaces with adaptation rather than reinvention. But the differences above point to a short list of practical checks. - **Treat Northern Ireland as its own case for products.** EU product rules apply there, and workplace law follows local rules and HSENI. - **Plan for 20 January 2027 if you make or import machinery.** Compliance with the new EU Machinery Regulation is mandatory for EU and Northern Ireland sales from that date. For Great Britain, wait for the government’s decision before assuming that EU-compliant machinery will be accepted automatically. - **Keep chemical compliance separate.** Registrations, safety data sheets and classifications for UK REACH and GB CLP may differ from the EU’s. Do not assume that an EU registration covers Great Britain or the reverse. - **Check national law in each EU state.** A directive sets a minimum. A country may require more, such as formal safety committees, particular training hours or psychosocial risk rules. Using the British approach as a template is a reasonable start, but it does not replace a check of local requirements. - **Use the strictest exposure limit when working across both.** For asbestos in particular, the EU’s binding limit is 0.01 fibres per cm³ over eight hours. The GB figure is not directly comparable because it uses a four-hour average, so plan to the EU rule when working in member states. - **Watch for case-law differences.** EU court rulings on matters such as working-time recording bind member states but no longer bind Britain. For consultancies and in-house teams, the safest posture is to build one management system around the common principles and then add a short, maintained register of jurisdiction-specific rules. ## Summary UK and EU health and safety law share the same core and are slowly separating at the edges. The ideas are the same, the day-to-day rules are largely the same, and the gaps are growing mainly where the EU has legislated and Great Britain has not, or where Britain has chosen its own path. **Where they are similar** - Both place primary responsibility on employers and require risk assessment, prevention, information, training and worker involvement. - Most British workplace regulations still mirror the EU directives they implemented, including work equipment, manual handling, display screens, noise and work at height. - Both use the same hazard-classification science and rely on shared technical standards. - Brexit did not repeal the main workplace regulations. The Retained EU Law Act of 2023 dropped the blanket sunset clause that had threatened them. **Where they differ** - Legal design: Britain’s law is a goal-setting statute qualified by “reasonably practicable”, while the EU’s is a directive framework of minimum rules implemented by 27 states. - Enforcement: HSE and local authorities enforce in Great Britain with unlimited, turnover-linked fines. The EU has no central inspector, only coordination through the Commission, EU-OSHA and SLIC. - Chemicals: UK REACH and GB CLP now run separately from the EU’s regimes, and amendments in 2026 have made GB CLP diverge further. - Products: CE marking is accepted indefinitely in Great Britain for 21 regulations, but Northern Ireland follows EU rules, and the EU Machinery Regulation applies from 20 January 2027 with no GB decision yet. - Exposure limits and new topics: the EU has cut its asbestos limit tenfold and is considering psychosocial risk rules, platform work and a post-2027 strategy. Britain has kept its own asbestos control limit after an HSE review and relies mainly on guidance and its own consultations, such as those on RIDDOR and the asbestos regulations. - Northern Ireland: it sits between the two, applying EU product rules but local workplace law. **What to watch next** 1. The UK government’s decision on machinery rules before 20 January 2027. 2. Any Commission proposal on psychosocial risks and the shape of the EU’s post-2027 strategy. 3. The outcome of the RIDDOR and asbestos consultations in Great Britain. 4. Further use of the 2023 Act’s powers to amend chemicals and other assimilated law. The practical message for businesses is to build around the shared principles, and to keep a maintained register of the specific rules that now differ by jurisdiction. We can develop your legal register and maintain it. [Contact one of our team now to see how we can help your business](https://ashbrookeconsultants.co.uk/contact-us/). **Categories:** Health and Safety **Tags:** Health and Safety --- ### [Does the Control of Asbestos Regulations apply to my business?](https://ashbrookeconsultants.co.uk/health-and-safety/does-the-control-of-asbestos-regulations-apply-to-my-business/) **Published:** October 8, 2026 **Author:** Administrator **Excerpt:** If your business owns, manages or is responsible for repairing a non-domestic building, or if your people could disturb the fabric of a building during their work, the Control of Asbestos Regulations 2012 (CAR 2012) almost certainly apply to you. Asbestos was not fully banned in the UK until 1999, so any building built or refurbished before 2000 may contain it. This guide explains who is covered, what you must do, and how to check your own position. **Content:** If your business owns, manages or is responsible for repairing a non-domestic building, or if your people could disturb the fabric of a building during their work, the [Control of Asbestos Regulations 2012](https://www.legislation.gov.uk/uksi/2012/632/contents) (CAR 2012) almost certainly apply to you. Asbestos was not fully banned in the UK until 1999, so any building built or refurbished before 2000 may contain it. This guide explains who is covered, what you must do, and how to check your own position. ## Who do the Control of Asbestos Regulations apply to? CAR 2012 apply to almost every workplace in Great Britain, but the duties you hold depend on your role. Three groups are caught: - **Owners and managers of non-domestic premises.** Offices, shops, factories, warehouses, schools, farms, care homes and pubs all count, as do the shared areas of blocks of flats and other multi-occupancy homes. - **Tenants with repair or maintenance responsibility.** If your lease makes you responsible for the fabric of the building, you share the [duty to manage asbestos](https://ashbrookeconsultants.co.uk/health-and-safety/asbestos-risk/), or hold it outright. - **Employers whose staff may disturb asbestos.** Electricians, plumbers, joiners, gas fitters, decorators, telecommunications engineers and facilities teams can all drill into, cut or damage asbestos-containing materials without knowing it. Self-employed people are covered in the same way as employers. Homeowners living in their own private home are not dutyholders, but a tradesperson working in that home still is. ![Does the Control of Asbestos Regulations Apply to You?](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/10/Asbestos-Roof-1024x683.jpg)*Do your business premises have asbestos? Do your employees come into contact with it?* ## The duty to manage asbestos (Regulation 4) Regulation 4 is the part that catches most small and medium-sized businesses. If you have it, you must: 1. **Find out whether asbestos is present.** Take reasonable steps to locate materials likely to contain it, and assume a material contains asbestos unless you have strong evidence it does not. 2. **Keep a written record** of where it is, what condition it is in and how much there is. This is your asbestos register. 3. **Assess the risk** that anyone could be exposed to fibres from those materials. 4. **Prepare a** [management plan that says how you will keep the risk](https://ashbrookeconsultants.co.uk/compliance/the-essential-guide-to-environmental-permit-management-systems/) under control, and put it into action. 5. **Review and monitor** the plan and the register, especially after any change to the building or the condition of the materials. 6. **Pass the information on** to anyone likely to disturb the materials, including contractors, before they start work. The usual starting point is an asbestos management survey carried out by a competent surveyor, following HSE guidance in [HSG264](https://www.hse.gov.uk/pubns/books/hsg264.htm). Sampling and analysis should use a [UKAS](https://www.ukas.com/)-accredited laboratory. Asbestos left in good condition and unlikely to be disturbed can often stay where it is, as long as it is managed. ## Work that disturbs asbestos Separately from the duty to manage, CAR 2012 sets rules for any work that could disturb asbestos. These depend on the type of material and the risk of releasing fibres. - **Licensed work.** Work on higher-risk materials such as sprayed coatings, lagging and most asbestos insulating board must be done by a contractor licensed by the [HSE](https://www.hse.gov.uk/index.htm "HSE"). The work must be notified to the enforcing authority, normally at least 14 days in advance. - **Notifiable non-licensed work (NNLW).** Some lower-risk work does not need a licence but must still be notified, and workers need health surveillance and records of the work must be kept. - **Non-licensed work.** Short, low-risk tasks, such as removing a few asbestos cement sheets or drilling into textured coating, still need proper controls, trained workers and a risk assessment. If your employees do any of this work, you must also give them information, instruction and training at the right level for what they do. Even workers who never handle asbestos on purpose need asbestos awareness training if their work could disturb it. ## Quick check: does it apply to my business? Your situationDoes CAR 2012 apply?What it means for youYou own or manage a non-domestic building built before 2000YesYou hold the duty to manage: survey, register, risk assessment and management planYou rent premises and your lease makes you responsible for repairsYesYou share or hold the duty to manage, so check your lease and agree responsibilities in writingYou rent premises, the landlord handles all repairs and maintenancePartlyThe landlord holds the duty, but you should ask to see the asbestos register and planYou manage shared areas of flats or a multi-occupancy buildingYesCommon areas are covered by the duty to manageYou send staff into other people’s buildings (trades, maintenance, installers)YesStaff [need asbestos awareness training and must check the register](https://ashbrookeconsultants.co.uk/compliance/what-does-an-iso-45001-legal-register-need-to-contain/) before starting workYour premises were built after 2000 and have not been refurbished with older materialsUnlikelyKeep a record of how you decided, and check if the building has been alteredYou work from your own private homeNoThe duty to manage does not cover private homes, but trades working in them are still coveredIf you cannot say for certain which row you fall into, treat the regulations as applying until you have checked. ## Northern Ireland, the Isle of Man and the Republic of Ireland CAR 2012 itself applies in Great Britain. If you operate elsewhere, different legislation applies, although the principles are very similar. If your business has premises in more than one jurisdiction, you need to manage each site against the law that applies there. ## What happens if you ignore the regulations? Breaches of CAR 2012 are prosecuted regularly. Penalties include unlimited fines and, in serious cases, prison sentences for individuals. Beyond the legal risk, unmanaged asbestos can lead to contractors, cleaners or staff being exposed, claims for illness that can take decades to appear, and delays or cost increases when a refurbishment or sale uncovers material you did not know about. ## Frequently asked questions **Do I need an asbestos survey?** If you hold the duty to manage and cannot show the building is asbestos-free, a survey is the normal way to meet it. A refurbishment and demolition survey is needed before any major [building work](https://ashbrookeconsultants.co.uk/health-and-safety/building-contractor-sentenced-over-unsafe-work/). **Does it apply to a small office or shop?** Yes. Size makes no difference. If the building is non-domestic and you own it, manage it or are responsible for repairs, the duty applies. **Does it apply if I only rent my premises?** It depends on your lease. The duty falls on whoever has repair or maintenance responsibility, or on the person who controls the premises. Where there is no clear owner of the duty, the person in control of the building holds it. **How often should I review my asbestos register?** There is no fixed interval. Review it when anything changes, such as damage, building work or a change in use, and carry out regular condition checks. Many businesses reinspect known materials once a year. **Do my staff need training?** Anyone whose work could disturb asbestos needs asbestos awareness training. Those who carry out non-licensed or notifiable work need higher levels of training. ## Next steps 1. Establish when your premises were built and whether they have been altered. 2. Check your lease, or ask your landlord, to confirm who holds the duty to manage. 3. Ask for the asbestos register and management plan, or arrange a survey if there is none. 4. Make sure anyone working on the building sees the register before they start. 5. Arrange asbestos awareness training for staff who could disturb the fabric of the building. We review your [business premises and activities to determine which legislation applies](https://ashbrookeconsultants.co.uk/health-and-safety/how-to-identify-health-safety-legislation-for-your-business/) to you as well as detailing the steps you need to take to comply. To discuss your needs further, [please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). *This article is general guidance and does not constitute [legal advice](https://ashbrookeconsultants.co.uk/health-and-safety/appointing-a-competent-person/) or replace advice on your own premises.* **Categories:** Health and Safety **Tags:** asbestos, Health and Safety --- ### [How to Pinpoint Environmental Legislation for Your Business](https://ashbrookeconsultants.co.uk/environment/environmental-legislation-for-business/) **Published:** September 5, 2026 **Author:** Administrator **Excerpt:** Environmental compliance can feel like an impossible maze. Regulations pile up at the local, national, and sometimes international level. They also shift depending on your industry, your size, your location, and even the specific materials you handle. Many business owners freeze at this point, assuming they need a law degree just to figure out where to start. **Content:** Environmental compliance can feel like an impossible maze. Regulations pile up at the local, national, and sometimes international level. They also shift depending on your industry, your size, your location, and even the specific materials you handle. Many business owners freeze at this point, assuming they need a law degree just to figure out where to start. The good news is that you do not. You do not need to become an environmental lawyer, but you do need to know which requirements apply to your operations. This article walks through a practical process for narrowing down the environmental legislation for businesses that actually matters to your business, so you can focus your time and resources on real compliance instead of guesswork. # Why This Matters Before You Even Start Non-compliance with environmental law is not a minor administrative slip. Depending on jurisdiction, penalties can include significant fines, operational shutdowns, personal liability for directors, and reputational damage that outlasts any fine. On the other hand, over-compliance — spending resources chasing rules that do not [apply to you — wastes](https://ashbrookeconsultants.co.uk/waste/what-uk-waste-laws-apply-to-small-businesses/) money and attention that could go toward growth. Getting the scope right is the foundation of an efficient compliance program. ## Step 1: Map Your Business Activities, Not Just Your Industry Legislation is often triggered by specific activities rather than by industry labels. A “manufacturing” business might trigger air emissions rules because of a paint booth, water discharge rules because of a wash-down process, and hazardous waste rules because of solvent disposal — three separate regulatory regimes from three separate activities. Start by listing: - What raw materials, chemicals, or substances you use, store, or produce - What waste streams your operations generate (solid, liquid, air, hazardous) - Whether you discharge anything to water, air, or land - Whether you import, export, transport, or store regulated goods - The physical footprint of your operations (land use, proximity to protected areas or waterways) This activity-based map is usually far more useful than starting from your business’s official industry classification. ![Environmental compliance journey](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/Journey-Graphic-1024x576.jpg)## Step 2: Identify Your Jurisdictional Layers Environmental law is rarely a single rule book. Most [businesses need](https://ashbrookeconsultants.co.uk/compliance/do-small-businesses-need-a-health-and-safety-legal-register/) to check multiple layers: - Local rules — SSSI designations, noise, local waste collection and disposal by-laws - National legislation — overarching frameworks such as clean air, clean water, or [waste management](https://ashbrookeconsultants.co.uk/environment/all-you-need-to-know-about-permit-management-systems/) Acts or Statutory Instruments - International or trade-related obligations — relevant if you import/export goods or waste, use certain packaging, or operate across borders A rule of thumb: start at the national level to understand the broad framework, then narrow down to local rules, which often add stricter or more specific obligations on top. ## Step 3: Check for Permits and Licensing Triggers Many environmental obligations are tied to permits rather than blanket rules. Common triggers include: - Emitting pollutants above a certain threshold - Discharging wastewater - Storing hazardous substances above specified quantities - Operating certain types of equipment (boilers, generators, refrigeration systems with regulated refrigerants) - Extracting or using groundwater If any of these apply, there is likely a permitting authority you need to register with, and permits often come bundled with monitoring, record keeping, and reporting duties. ## Step 4: Look at Size and Threshold Exemptions Many environmental regulations include size-based thresholds — for example, exemptions or reduced obligations for small quantity generators of waste, or simplified reporting for smaller emitters. Do not assume a regulation applies in full just because it mentions your industry; check the thresholds carefully, since they can significantly change your compliance burden. ## Step 5: Use Official Government Resources Regulatory agencies typically publish guidance documents, compliance checklists, and industry-specific fact sheets designed for non-specialists. These are usually more current and more directly applicable than general online summaries. Useful sources include: - National environmental protection agency websites such as the [Environment Agency](https://www.gov.uk/government/organisations/environment-agency "Environment Agency") in England and Wales, SEPA in Scotland - State or provincial environment department portals such as [DEFRA](https://www.gov.uk/government/organisations/department-for-environment-food-rural-affairs "DEFRA") and DAERA - Local council or municipal planning and environmental health offices - Industry association compliance guides ## Step 6: Watch for Sector-Specific Overlays Certain sectors carry additional layers of regulation on top of general environmental law — food and beverage, construction, agriculture, manufacturing, healthcare, and mining are common examples. If you operate in one of these sectors, check for sector-specific statutes or [codes of practice](https://ashbrookeconsultants.co.uk/food-safety/food-law-code-consultation/) in addition to general environmental legislation. ## Step 7: Build a Simple Compliance Register Once you have identified applicable legislation, do not leave it in your head or in scattered notes. Build a basic register or registers that track: - The specific regulation or permit requirement - The regulating authority - Renewal or reporting deadlines - The internal person responsible / procedure applicable - Evidence or records required to demonstrate compliance This turns a one-time research exercise into an ongoing management tool. ## Step 8: Know When to Bring in Outside Help Self-assessment gets you most of the way, but some situations warrant professional input — complex permitting processes, contaminated land issues, mergers or acquisitions involving environmental liabilities, or any situation where the penalties for getting it wrong are severe. Environmental consultants and lawyers are most valuable when used strategically and will provide real value to the process. # The Benefits of Bringing in an External Consultant Even with a solid self-assessment process in place, an external environmental consultant can add real value. Consultants work across many businesses and jurisdictions, so they tend to spot applicable legislation and emerging regulatory changes faster than an internal team researching the topic for the first time. Consultants can also benchmark your operations against industry-specific obligations you might not think to check, verify that thresholds and exemptions have been applied correctly, and flag overlapping requirements between local and national regulators before they become a problem. Beyond the initial identification exercise, a consultant can help translate legislation into practical action — building or auditing your [compliance register](https://ashbrookeconsultants.co.uk/governance/why-your-company-needs-a-legislation-register/), preparing permit applications, and liaising directly with regulators on technical points. For businesses expanding into new activities, new sites, or new jurisdictions, this outside expertise often pays for itself by preventing costly missteps, reducing the time your team spends on unfamiliar regulatory research, and giving management confidence that nothing material has been missed. # Final Thoughts [Identifying which environmental legislation applies to your business](https://ashbrookeconsultants.co.uk/health-and-safety/how-to-identify-health-safety-legislation-for-your-business/) is less about legal expertise and more about a structured process. Understand your activities, map the jurisdictional layers, check permitting triggers and thresholds, use official guidance, and keep a living record of what applies. Approached this way, [environmental compliance](https://ashbrookeconsultants.co.uk/environment/does-the-environmental-permitting-regulations-apply-to-my-business/) becomes a manageable, ongoing part of running your business rather than an intimidating unknown. If you would like to see how we can help you identify which environmental legislation applies to your business, [please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). Why not download our [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/when-does-dsear-apply/) and environmental legal register checklist for UK operations. Checklist **Categories:** Environment, Governance **Tags:** environment, Environment Agency, governance --- ### [The Essential Guide to Environmental Permit Management Systems](https://ashbrookeconsultants.co.uk/compliance/the-essential-guide-to-environmental-permit-management-systems/) **Published:** August 26, 2026 **Author:** Administrator **Excerpt:** An environmental permit management system (PMS) is a structured framework of operational procedures designed to minimise pollution risks from activities authorised under an environmental permit. If you operate a regulated waste management, mining, or installation facility, maintaining a written management system is a mandatory regulatory requirement. This document outlines the statutory compliance frameworks, risk assessment obligations, site infrastructure planning, and operational record-keeping necessary to satisfy Environment Agency expectations. **Content:** **Executive Summary** An environmental permit management system provides a structured framework of procedures to minimise pollution risks from permitted activities. For regulated waste management, mining, or installation facilities, maintaining a written management system is a regulatory requirement. This document outlines statutory compliance frameworks, risk assessments, site planning, and operational records to satisfy [Environment Agency](https://ashbrookeconsultants.co.uk/environment/proven-skip-boss-receives-a-suspended-prison-term/) expectations. ## Regulatory context and application requirements 1\. Regulatory Context and Application Requirements – Environmental permit management system The scope and submission requirements depend on the nature of the application. Moreover, the complexity of site operations determines the system needs, including • Environmental permit management system. Additionally, Standard Rules permits the – Environmental permit management system. - **Risk Identification:** Specific operational risks are pre-determined within generic risk assessments. - **Submission Protocol:** You do not need to submit the system documentation during the application phase. - **Deployment Deadline:** The complete management system must be fully operational prior to commencing site activities. - **Regulatory Assessment:** Documentation is typically evaluated during the pre-operation site inspection by an [Environment Agency](https://ashbrookeconsultants.co.uk/environment/pollution-enforcement-undertaking/) officer. - **Combustible Waste Provision:** Standard rules applications involving combustible waste storage require the concurrent submission of a robust **Fire Prevention Plan (FPP)**. ![Man sampling water](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/07/Lone-Working-Sampling.jpg)We manage bespoke permits through the environmental permit management system. - **Risk Identification:** Operational hazards must be explicitly identified via a site-specific risk assessment. - **Submission Protocol:** A comprehensive summary of the management system must be included as part of the formal application pack. - **Water & Groundwater Exemptions:** Standalone water discharge or groundwater activity applications (Forms B6.5 or B6.6) do not require advance submission of the management system summary, but the system must be fully implemented prior to operation. 2\. Certified Environmental Management System (EMS) Standards. Additionally, they align with the environmental permit management system to meet regulatory requirements. For large-scale or high-risk facilities, such as industrial installations and hazardous waste processing operations, the [Environment Agency](https://www.gov.uk/government/organisations/environment-agency "Environment Agency") favours these systems. Moreover, they are part of the environmental permit management system and are built around recognised international frameworks. Utilising an independently verified system enhances regulatory confidence and can reduce inspections under the OPRA methodology. As part of the environmental permit management system, operators must state if their system is modelled on accredited standards. Additionally, they should indicate whether it is modelled on any listed standards. - **ISO 14001:2015** ([Environmental Management Systems](https://www.iso.org/standard/14001 "Environmental Management Systems")) - **BS EN ISO 14005:2019** (Phased Implementation of an EMS) - **EMAS Global** ([Eco-Management and Audit Scheme](https://green-forum.ec.europa.eu/green-business/emas/join-emas_en "Eco-Management and Audit Scheme")) Note: Accredited certification (verified by UKAS) demonstrates robust governance, but it does not absolve the operator of liability. However, this does not absolve the operator of liability for individual permit breaches within the environmental permit management system. 3\. Site Infrastructure and Spatial Planning Requirements are addressed within the environmental permit management system. Operators must compile scaled, detailed site plans showing where permits and exemptions take place within the environmental permit management system. Additionally, high-risk or complex sites frequently require multiple standalone drawings to fulfil regulatory requirements. Core infrastructure components (Waste, Installations, and Mining) are central to the environmental permit management system. Site plans for the management system must clearly mark the locations of the following assets. Additionally, this relates to the environmental permit management system. - **Structural Assets:** Buildings, treatment facilities, incinerators, silos, and perimeter security fencing. - **Hazardous Storage:** Containment areas for oils, fuel tanks, chemical bunds, and raw waste stock. - **Emergency Equipment:** Spill kits, absorbents, and critical emergency response machinery. - **Logistics Access:** Dedicated entry and exit pathways for emergency service vehicles. - **Pollution Control Points:** Environmental monitoring stations, sampling points, and inspection manholes. - **Effluent Infrastructure:** Trade effluent or sewage treatment plants and final discharge outfalls. - **Historical Liabilities:** Any parcels of land with known or suspected historical ground contamination. Additionally, mapping of drainage and utilities supports the environmental permit management system for [regulatory compliance](https://ashbrookeconsultants.co.uk/regulatory-compliance-case-study/). Drainage networks require precise colour-coding and directional labelling. Additionally, implementing an [environmental permit management system supports consistent labelling and compliance](https://ashbrookeconsultants.co.uk/environment/does-the-environmental-permitting-regulations-apply-to-my-business/). - **Foul and Combined Drainage:** Must be marked clearly in **red**. - **Surface Water Drainage:** Must be marked clearly in **blue**. - **Flow Mechanics:** Plans must display water flow direction, discharge connection points (to sewer, soak-away, or watercourse), manhole covers, interceptor tanks, and isolating stop/diverter valves. - **Utility Routing:** Main inlets and distribution paths for mains water, gas, and electricity must be charted, with explicit positioning of water stop taps and utility isolation switches. Additionally, standalone water discharge and groundwater activities are managed under the environmental permit management system. Furthermore, for point-source water and groundwater authorisations, the site plan must isolate within the environmental permit management system. - The wastewater treatment infrastructure. - Statutory sample collection and monitoring points. - Mitigation infrastructure and environmental emergency equipment. - The defined surface water outlet or groundwater infiltration system. - The designated field boundaries for land-spreading activities (where applicable). 4\. Operational Control Plans and Specific Sub-Systems for the environmental permit management system. A compliant management system breaks down site operations into distinct phases. Additionally, start-up, normal operation, and shut-down are the phases for the environmental permit management system. Operators must identify the environmental risks associated with each sub-process and outline specific mitigation actions. Waste storage plans are integral to the environmental [permit management system](https://ashbrookeconsultants.co.uk/environment/tcm-attendance-changes/) and ensure safe, compliant operations. Waste facility operators must document an explicit waste storage strategy detailing. In addition, this record should be maintained in the environmental permit management system. - Maximum storage duration thresholds for every distinct waste streams. - Control measures to prevent emissions during extended storage. - Absolute volume limits and maximum pile heights for all stored materials. - Waste identification procedures and strict segregation protocols for incompatible materials. - Pre-acceptance and acceptance procedures to prevent the receipt of unpermitted waste. The environmental permit management system manages Fire Prevention Plans (FPP). Facilities storing combustible waste must submit a standalone, robust Fire Prevention Plan detailing prevention, detection, containment, and mitigation measures. Within the environmental permit management system, the [Environment Agency](https://ashbrookeconsultants.co.uk/environment/serious-waste-offences/) assesses these plans stringently against hourly review rates. Consequently, failing to secure approval on initial submission significantly elevates regulatory costs. Site Condition Reports (SCR) relate to the environmental permit management system. For installations, waste operations, and mining permits, a Site Condition Report must be maintained throughout the lifecycle of the permit. This document logs historical spills, baseline land/groundwater data, and evidence verifying effectiveness in the environmental permit management system. It serves as the primary legal benchmark when applying to surrender a permit. Standalone Environmental Management Documents cover the environmental permit management system and its related compliance. Depending on site risks, the [Environment Agency](https://ashbrookeconsultants.co.uk/environment/waste-exports-prosecution/) will require separate, standalone document submissions for individual environmental vectors. Consequently, this enables the environmental permit management system to support distinct internal specialist reviews. - **Odour Management Plan (OMP)** - **Emissions Management Plan (EMP)** - **Noise and Vibration Management Plan (NVMP)** - **Pests Management Plan (PMP)** 5\. Additionally, Contingency, Emergency, and Climate Change Resilience within the environmental permit management system. Accident prevention and [risk mitigation are essential in the environmental permit management](https://ashbrookeconsultants.co.uk/risk-management-case-study/) system. Operators must maintain emergency contingency frameworks that assess the likelihood and consequences of unexpected disruptions. Additionally, the system must outline proactive preventative actions and emergency response procedures for environmental permit management system. - Core equipment breakdowns or sudden utility failures. - Enforced or emergency facility shutdowns. - Vandalism, security breaches, and deliberate damage. - Fires, flash flooding, and severe weather anomalies. Emergency documentation must include formal accident logging forms, emergency contact directories, and a transparent review schedule. Additionally, operators should actively engage local emergency services and verify flood warning registrations within the environmental permit management system. Cyber security protocols are essential and an [environmental permit management system can support compliance and business](https://ashbrookeconsultants.co.uk/environment/eu-vs-uk-environmental-regulation-after-brexit-a-business-guide/) continuity. Modern waste infrastructure and environmental monitoring systems rely heavily on automated computer control systems. Additionally, operators must integrate risk controls aligned with NCSC guidelines to protect software in the environmental [permit management system](https://ashbrookeconsultants.co.uk/governance/risk-management-in-the-uk/). Climate Change Adaptation Strategy supports the environmental permit management system to enhance resilience. In accordance with UK climate projections, operators must evaluate the long-term impact of severe weather shifts on permit compliance. Additionally, these shifts are relevant to the environmental permit management system. - **Short-to-Medium Term:** Operational processes must show resilience against a **2°C global mean temperature rise by 2050**. - **Long-Term Asset Planning:** For long-lifecycle facilities, operators must evaluate potential risks up to a **4°C temperature rise by 2100**. - **Methodology:** Risk assessments should leverage *ISO 14090:2019* standards and the [Environment Agency’s](https://ashbrookeconsultants.co.uk/agriculture/urgent-need-to-work-with-nature/) industry sector examples for climate adaptation. --- 6\. [Corporate Governance](https://ashbrookeconsultants.co.uk/compliance/can-too-much-corporate-governance-stifle-smes/), Training, and Audits Moreover, staff competence and training infrastructure supports operational effectiveness in the environmental permit management system. For the environmental permit management system, compliance with the permit requires adequate resource allocation and clearly defined operational roles. Additionally, operators must establish formal procedures. - Assign and document individual technical competence responsibilities. - Verify external contractor credentials and internal staff qualifications. - Maintain central registries of regulatory certifications, safety inductions, and refresher training. Public Information Provisions outline the environmental permit management system. Waste and installation permits carry a statutory obligation. Maintain a clearly visible, weatherproof notice board at the site entrance as part of the environmental permit management system. The board must display: - The registered permit holder’s corporate name. - A designated 24/7 emergency contact name and phone number. - Explicit confirmation that the facility is regulated by the [Environment Agency](https://ashbrookeconsultants.co.uk/agriculture/agency-has-downgraded-pollution-prosecutions/). - The unique environmental permit reference number. - Statutory [Environment Agency](https://ashbrookeconsultants.co.uk/environment/1-2m-fine-for-water-company/) contact numbers: **General Enquiries (03708 506506)** and the **Incident Hotline (0800 807060)**. --- 7\. Record keeping, auditing, and system reviews support environmental permit management system. This statutory record retention checklist applies to the environmental permit management system. Operators must maintain structured archives documenting the active execution of the permit management system. Critical records include: - Current and historical environmental permits and legal variations. - Comprehensive risk assessments and secondary management plans (e.g., Mops). - Detailed calibration records for environmental monitoring and sampling equipment. - Logs of all internal compliance checks, audit findings, and remedial actions. - Formal complaints ledgers detailing root-cause investigations and resolution outcomes. **Waste Transfer Log Obligations** For every incoming delivery of waste material, operators must capture and preserve the following metrics: - Absolute quantity (verified weight or volume). - The statutory six-digit **List of Waste (LoW) Code**. - Origin location and complete corporate identity of the waste producer. - Date and time of arrival on site. - The original generation date (mandatory for odorous or putrescible waste streams). - Detailed containment logs for any rejected or quarantined materials. **Mandatory System Review Triggers** A permit management system is a dynamic document. It must be updated immediately upon the occurrence of any of the following events: - Technical modifications to onsite machinery, infrastructure, or operational capacities. - The submission of an application to vary the existing environmental permit. - Post-incident reviews following a site accident, permit breach, or formal complaint. - The introduction of new environmental controls to mitigate an emerging risk. **8. Site Closure and Permit Surrender** Environmental permits cannot be abandoned unilaterally when operations cease. Legal obligations remain active until the [Environment Agency formally approves a Permit](https://ashbrookeconsultants.co.uk/environment/all-you-need-to-know-about-permit-management-systems/) **Surrender Application**. For landfills and Category A mining waste facilities, a transitional period of site closure applies. During this phase, operators must maintain active emissions monitoring regimes and submit final site closure updates via the Site Condition Report, proving conclusively that the land and groundwater have been returned to a satisfactory state. **Technical Support and Consultancy** Developing, implementing, and defending a regulatory management system requires specialist technical oversight. For bespoke assistance with permit applications, Fire Prevention Plans, or standalone environmental management documents, [contact our regulatory advisory team for professional consultation.](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us") **Categories:** Compliance, Environment, Management systems, Waste **Tags:** environment, Environment Agency, governance, risk --- ### [Do Small Businesses Need an Environmental Legal Register?](https://ashbrookeconsultants.co.uk/compliance/do-small-businesses-need-an-environmental-legal-register/) **Published:** September 20, 2026 **Author:** Administrator **Excerpt:** In this article, we look at why the size of a business is the wrong starting point for thinking about environmental compliance, and why a well-designed environmental legal register — far from being a burden reserved for large organisations — can be one of the most practical and cost-effective tools a small business ever puts in place. **Content:** *A clear look at environmental obligations, business size, and why proportionate compliance matters*. It is a question we hear often from small business owners: “*Do I really need an environmental legal register? Surely that’s something only for large industrial companies with dedicated environmental teams*.” It’s an understandable assumption, but it is not correct. Environmental legal obligations are not switched on by company size — they are triggered by what a business actually does, what it produces, discharges, or stores, and where it operates. A small print shop and a large logistics depot may face entirely different environmental duties, regardless of which one employs more people. In this article, we look at why the size of a business is the wrong starting point for thinking about environmental compliance, and why a well-designed environmental legal register — far from being a burden reserved for large organisations — can be one of the most practical and cost-effective tools a [small business](https://ashbrookeconsultants.co.uk/compliance/can-too-much-corporate-governance-stifle-smes/) ever puts in place. ## What Is an Environmental Legal Register? An environmental [legal register is a structured record of the environmental legislation](https://ashbrookeconsultants.co.uk/governance/why-your-company-needs-a-legislation-register/), regulations, permits, and approved codes of practice that apply to a specific organisation. Rather than listing every environmental law in existence, it identifies the ones that are actually relevant to that business’s operations, sites, and activities, and sets out what needs to be done to remain compliant with each one. Done properly, an environmental [legal register](https://ashbrookeconsultants.co.uk/health-and-safety/what-an-auditor-looks-for-in-an-iso-45001-compliant-legal-register/) becomes a single point of reference that tells a business owner or manager, at a glance: which environmental laws apply to us, what each one requires, how we currently meet that requirement, and where any gaps exist. ## Environmental Obligations Depend on Circumstances, Not Company Size This is the point worth dwelling on, because it is the one most often misunderstood. UK environmental legislation is largely activity-based and impact-based rather than headcount-based. Duties under legislation such as the [Environmental Protection Act 1990](https://www.legislation.gov.uk/ukpga/1990/43/contents), the [Environmental Permitting (England and Wales) Regulations](https://www.legislation.gov.uk/uksi/2016/1154/contents), and waste, water, and packaging regulations apply to any business whose activities create the relevant impact — regardless of size. The specific duties that follow are shaped by factors such as: - The nature of the business’s processes (for example, use of chemicals, fuel storage, vehicle fleets, or manufacturing by-products) - The [waste the business](https://ashbrookeconsultants.co.uk/waste/does-my-business-need-to-comply-with-the-waste-regulations/) produces and how it’s stored, transported, and disposed of - Whether emissions to air, land, or water are involved, even at a small scale - Sector-specific rules that apply regardless of business size, such as packaging producer responsibility, [WEEE](https://www.gov.uk/guidance/regulations-waste-electrical-and-electronic-equipment), or discharge consents A single-van courier business has duties around fuel storage and vehicle emissions. A small print shop has duties under waste and hazardous substances regulations for inks and solvents. A two-person mobile car valeting business has duties around wastewater discharge. None of these obligations disappear because the business is small — in some cases, a smaller business with fewer resources to manage environmental risk may need to pay closer attention, not less. In other words, the question is never really “is my business big enough for this to matter?” The question is “what do we actually do, and what does environmental law say about doing it responsibly?” An environmental legal register is simply the tool that answers that question clearly and keeps the answer up to date as legislation changes. ![environmental legal register for small business.](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/11/s300_EA-officer-high-viz-jacket_960x640.jpg)*An environmental legal register for small business should be proportionate*. ## Why Small Businesses Benefit from a Concise, Proportionate Register Recognising that environmental duties apply regardless of size is only half the picture. The other half is that how a small business meets those duties can, and should, look very different from how a large organisation meets them. A 200-page environmental legal register modelled on a multinational’s [compliance framework is not only unnecessary for a small business](https://ashbrookeconsultants.co.uk/waste/what-uk-waste-laws-apply-to-small-businesses/) — it’s actively counterproductive. It gets opened once, filed away, and forgotten. A register that is built specifically for a small business, scaled to its real activities and environmental impacts, tends to work far better in practice. This is why: ### 1. It Stays Usable A concise register lists only the [environmental legislation that genuinely applies to that business’s](https://ashbrookeconsultants.co.uk/environment/environmental-legislation-for-business/) operations. Instead of an overwhelming, generic checklist, the owner or manager is left with a short, relevant list they can actually refer to — and act on — day to day. ### 2. It Reflects the Business as It Really Operates A bespoke register is built around the specific sites, processes, substances, and waste streams involved, rather than a one-size-fits-all industry template. This means it captures the obligations that matter and doesn’t waste time on ones that don’t. ### 3. It Makes Gaps Visible Because it is proportionate rather than padded out, a well-built register makes it far easier to spot where compliance is solid and where attention is [needed — an expired waste](https://ashbrookeconsultants.co.uk/environment/why-you-need-a-waste-audit/) carrier’s licence, a missing duty of care record, a permit due for renewal — without those gaps being buried in irrelevant detail. ### 4. It Demonstrates Due Diligence In the event of an environmental incident, a regulator visit, or a client, landlord, or insurer asking about [environmental compliance](https://ashbrookeconsultants.co.uk/environment/does-the-environmental-permitting-regulations-apply-to-my-business/) arrangements, a maintained legal register is tangible evidence that the business has identified its obligations and is actively managing them. For a small business without a dedicated environmental function, this matters a great deal. ### 5. It Supports Growth Without Starting from Scratch As a small business takes on new processes, new premises, or new materials, an environmental legal register built with the right structure can be updated and expanded rather than rebuilt. This means compliance grows alongside the business instead of becoming a sudden, overwhelming project further down the line. ### Building a Register That Fits Your Business The most effective environmental [legal registers for small businesses share a few common features: they are reviewed and updated regularly to reflect legislative change, they are written in plain language rather than legal jargon, they link each legal requirement to a clear action or evidence of compliance](https://ashbrookeconsultants.co.uk/compliance/keeping-it-legal/), and they are proportionate — covering what applies, in appropriate detail, without unnecessary bulk. This is where working with a [health and safety](https://ashbrookeconsultants.co.uk/compliance/the-difference-between-generic-and-bespoke-legal-registers/) and environmental consultancy adds real value. Rather than adapting a generic template, a consultancy can assess your specific activities and premises, identify the environmental legislation that genuinely applies, and build a register that is both legally sound and genuinely usable by your team. ## The Bottom Line Environmental law does not ask how many people are on your payroll before it applies to you — it asks what impact your work creates. That means every business, regardless of size, has environmental obligations worth identifying and managing properly. For small businesses, the smart response is not to ignore this reality, nor to adopt a compliance framework built for a much larger organisation. It is to build an environmental legal register that is concise, proportionate, and tailored to how the business actually operates — one that gets used, kept current, and genuinely supports safer, more compliant, more sustainable day-to-day operations. If you are unsure which environmental requirements apply to your business, or you would like help building a legal register that is proportionate to your size and sector, [our team can help you](https://ashbrookeconsultants.co.uk/contact-us/) get a clear, practical picture of your obligations. Checklist **Categories:** Compliance, Environment, Governance **Tags:** environment, Environment Agency, governance, risk --- ### [Environmental Permitting](https://ashbrookeconsultants.co.uk/environment/environmental-permitting/) **Published:** July 1, 2024 **Author:** Administrator **Excerpt:** Environmental permitting is a crucial aspect of environmental governance in England, ensuring that activities which could potentially impact the environment are regulated and monitored. The process is overseen by the Environment Agency and local authorities, depending on the scale and nature of the operation. **Content:** Environmental permitting is a crucial aspect of environmental governance in England, ensuring that activities which could potentially impact the environment are regulated and monitored. The process is overseen by the Environment Agency and local authorities, depending on the scale and nature of the operation. Permits are required for a wide range of activities, from industrial installations and waste operations to water discharge and groundwater activities. Environmental permitting aims to prevent pollution of the air, water, and land, manage flood risks, and protect land drainage. Operating without a permit when one is required is illegal and can result in significant penalties. For businesses and individuals looking to understand whether they need an environmental permit, the UK government provides comprehensive guidance. This includes detailed information on what activities require a permit, how to apply, and the responsibilities of permit holders. The guidance is designed to help navigate the complexities of environmental regulation and ensure compliance with the law. ![Environmental permitting](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/Litter-Nets-_-Grass-768x1024.jpg)The environmental permitting process reflects the UK’s commitment to maintaining high environmental standards. It is a key part of the country’s efforts to reduce pollution, protect natural habitats, and promote sustainable development. For anyone involved in activities that could affect the environment, understanding and adhering to the permitting process is not just a legal obligation but also a step towards a more sustainable future. For more detailed information on environmental permitting in England, resources are available on the [Environment Agency’s official website](https://www.gov.uk/government/organisations/environment-agency), including core guidance documents and access to the public register for environmental information. These resources provide valuable insights into the regulatory framework and practical advice for compliance. Whether you are operating a large industrial facility or a small business, staying informed about [environmental permits is essential](https://ashbrookeconsultants.co.uk/compliance/the-essential-guide-to-environmental-permit-management-systems/) for legal and environmental stewardship. ## Steps to Environmental Permitting Applying for an environmental permit in England is a structured process designed to ensure that businesses and activities comply with environmental regulations. Here’s a step-by-step guide to help you understand how to apply for an environmental permit: 1. Determine the Type of Permit Required: First check if your activity is covered by a regulatory position statement (RPS), which may not require a permit if certain conditions are met. If your activity is exempt, you must still register your exemption with the [Environment Agency](https://ashbrookeconsultants.co.uk/environment/proven-skip-boss-receives-a-suspended-prison-term/). For non-exempt activities, determine whether you need a standard rules permit or a bespoke permit tailored to your specific business activities. 2. Pre-Application Advice: Utilise the [Environment Agency’s](https://ashbrookeconsultants.co.uk/environment/serious-waste-offences/) pre-application advice service for basic guidance on the type of permit needed, application forms, and the correct application charge. For more complex requests, consider the enhanced (paid-for) advice service which can provide in-depth assistance on various aspects of the application process. 3. Prepare Your Application: Gather all necessary information and complete the required risk assessments. Develop a written [management system](https://ashbrookeconsultants.co.uk/environment/tcm-attendance-changes/) that outlines how you will comply with the permit conditions. 4. Submit Your Application: Apply online for most standard rules environmental permits. Ensure your site meets the standard rules location criteria before submitting your application. For bespoke permits, follow the specific guidance provided by the [Environment Agency](https://ashbrookeconsultants.co.uk/environment/waste-exports-prosecution/) to ensure your application addresses all necessary details. 5. Consultation Process: Be prepared for consultations on your permit application, which may involve public engagement or assessments of the potential impact on heritage and nature conservation sites. 6. After Application Submission: Once submitted, your application will be reviewed by the [Environment Agency](https://ashbrookeconsultants.co.uk/agriculture/agency-has-downgraded-pollution-prosecutions/). This process may include inspections and further information requests. 7. Receiving Your Permit: If your application is successful, you will receive your permit, which will outline the conditions you must adhere to. It is crucial to understand and comply with these conditions to operate legally. 8. Ongoing Compliance: Adhere to the permit conditions and be aware of any reporting or monitoring requirements. Failure to comply can result in enforcement action or revocation of the permit. 9. Permit Changes or Transfers: If you need to change, transfer, or cancel your permit, follow the [Environment Agency’s](https://ashbrookeconsultants.co.uk/environment/1-2m-fine-for-water-company/) procedures to ensure continued compliance. By following these steps and utilising the resources provided by the Environment Agency, applicants can navigate the environmental permitting process with greater ease and confidence. It is essential to approach this process with thorough preparation and a commitment to environmental stewardship. ## Common Mistakes in Applying for an Environmental Permit When applying for an environmental permit in England, it’s crucial to be aware of common pitfalls that can complicate or delay the process. Here are some mistakes to avoid: 1. Incomplete Applications: Submitting an application without all the necessary information can lead to delays. Ensure that every section is completed accurately. 2. Incorrect Permit Category: Applying for the wrong type of permit can result in rejection. Verify whether you need a standard rules permit or a bespoke permit based on your activity. 3. Overlooking Pre-Application Advice: Not taking advantage of the Environment Agency’s pre-application advice can lead to errors. This service can provide valuable guidance on the type of permit needed and the application process. 4. Poor Risk Assessments: Failing to conduct thorough risk assessments can result in an inadequate understanding of the potential environmental impacts, which is critical for the application. 5. Inadequate Management Systems: Not having a robust written management system that outlines how you will comply with permit conditions is a common oversight. This system is essential for demonstrating your commitment to environmental protection. 6. Delay in Responding to Requests: If the Environment Agency requests additional information, respond promptly. Delays can extend the processing time of your application. 7. Non-Compliance with Conditions: Not adhering to the conditions of your permit once granted can lead to enforcement action. It’s important to understand and comply with all conditions to avoid penalties. 8. Failure to Update Permit Details: If there are changes to your business that affect your permit, such as a change in processes or ownership, you must update your permit details accordingly. 9. Neglecting Public Consultation: Ignoring the consultation process can lead to opposition from the public or other stakeholders, which can impact the outcome of your application. 10. Lack of Preparation for Inspections: Unpreparedness for inspections by the [Environment Agency](https://ashbrookeconsultants.co.uk/environment/does-the-environmental-permitting-regulations-apply-to-my-business/) can reveal non-compliance issues. Ensure your site is always compliant and ready for unannounced visits. By avoiding these common mistakes and carefully preparing your application, you can streamline the permitting process and contribute to the protection of England’s environment. Remember, the key to a successful application is attention to detail, thorough preparation, and adherence to regulatory requirements. ## How to ensure compliance with your environmental permit Ensuring ongoing compliance with environmental permit conditions is a critical aspect of operating responsibly and legally in England. Here are some strategies to help maintain compliance: ### Develop a Robust Management System Your management system should detail how you will meet your permit conditions, including the management of risks and the implementation of pollution prevention measures. It should be a living document, regularly reviewed and updated to reflect any changes in operations or legislation. ![Environmental permitting](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/07/workers.jpg)### Assign Responsibility Clearly assign compliance tasks to specific team members. This ensures accountability and that everyone knows their role in maintaining compliance. Regular training and updates can keep the team informed and competent. ### Conduct Regular Audits and Inspections Self-audits and inspections can help identify potential compliance issues before they become problematic. Use these to check that operations align with permit conditions and to verify that control measures are effective. ### Maintain Accurate Records Keep detailed records of all activities related to your permit conditions. This includes monitoring data, training logs, incident reports, and any changes to operations or equipment that may affect compliance. ### Stay Informed on Legal Updates Environmental regulations can change. Stay informed by reviewing legal updates, participating in industry forums, and consulting with environmental professionals. This proactive approach can help you anticipate and adapt to new requirements. ### Utilise Technology for Monitoring Implementing environmental management software can help track compliance metrics, manage documentation, and alert you to upcoming deadlines or required reporting. ### Engage with Regulators Maintain [open communication with the Environment](https://ashbrookeconsultants.co.uk/environment/court-judgment-opens-litigation-floodgates/) Agency. They can provide guidance and help you understand your obligations. Engaging with regulators can also demonstrate your commitment to compliance. ### Prepare for Environment Agency Inspections The Environment Agency conducts assessments and inspections to ensure compliance. Be prepared for both announced and unannounced visits by maintaining your site in accordance with permit conditions at all times. ### Respond Promptly to Non-Compliance If you identify any non-compliance issues, address them immediately. Document your actions and notify the Environment Agency if required. Prompt action can mitigate environmental impacts and may reduce potential penalties. ### Review and Update Emergency Plans Have an up-to-date [emergency plan](https://ashbrookeconsultants.co.uk/governance/plan-for-the-next-emergency-now/) for dealing with incidents that could impact the environment. Regularly test the plan and train staff to ensure an effective response if an incident occurs. By implementing these strategies, businesses can not only comply with their environmental permit conditions but also contribute positively to environmental protection and sustainability. It’s not just about adhering to the law; it’s about being a responsible part of the community and protecting the natural resources that we all rely on. ## Penalties for failing to comply with your environmental permit Non-compliance with environmental permit conditions in England can lead to serious consequences, reflecting the importance of adhering to regulations designed to protect the environment. The [environment](https://ashbrookeconsultants.co.uk/agriculture/hello-world-2/) Agency, responsible for enforcing these laws, aims to ensure compliance and address any illegal activities that could harm the environment or public health. Here are some of the potential consequences of non-compliance: ### Enforcement Notices The [Environment Agency may issue enforcement](https://ashbrookeconsultants.co.uk/environment/pollution-enforcement-undertaking/) notices requiring the permit holder to take specific actions to come back into compliance within a set timeframe. ### Civil Sanctions In cases of non-compliance, civil sanctions such as fixed or variable monetary penalties, compliance notices, restoration notices, stop notices, and enforcement undertakings may be imposed. ### Criminal Prosecution Serious breaches of permit conditions could [lead to criminal prosecution](https://ashbrookeconsultants.co.uk/health-and-safety/explosion-leads-to-prosecutions/), resulting in fines or imprisonment. This is reserved for the most severe cases of non-compliance. ### Restoration or Remediation The permit holder may be required to restore or remediate the environmental harm caused by the non-compliance, which can be costly and time-consuming. ### Reputational Damage Non-compliance can lead to negative publicity, affecting the public’s perception of the business and potentially leading to a loss of customer trust and revenue. ### Operational Restrictions The Environment Agency may impose restrictions on operations until compliance is achieved, which could limit business activities and impact profitability. ### Revocation of Permit In extreme cases, non-compliance can result in the revocation of the environmental permit, effectively ceasing the legal operation of the activity or facility. ### Increased Scrutiny Businesses that have been non-compliant may face increased scrutiny and more frequent inspections from the Environment Agency, adding to operational burdens. ### Legal Costs Non-compliance can lead to legal disputes and challenges, resulting in significant legal costs for the business involved. ### Impact on Investment Investors are increasingly considering environmental, social, and governance (ESG) factors. Non-compliance can make it difficult to secure investment or increase the cost of capital. The Environment Agency’s enforcement and sanctions policy is designed to be outcome-focused, aiming to stop illegal activities, restore environmental harm, bring activities under regulatory control, and deter future offending. It is crucial for businesses to understand their environmental responsibilities and strive for full compliance to avoid these consequences and contribute positively to environmental protection and sustainability. ## How to improve your environmental performance In the pursuit of environmental excellence, going beyond mere compliance with regulations is a commendable goal that can yield significant benefits for businesses, society, and the planet. In England, where environmental stewardship is increasingly valued, companies have the opportunity to lead the way in sustainability and innovation. Here’s a comprehensive guide on how businesses can enhance their environmental performance beyond the basic requirements. ### Embrace a Sustainability Mindset Adopting a sustainability mindset involves integrating environmental considerations into every aspect of your business operations. This means going beyond the minimum standards set by regulations and seeking ways to reduce your environmental footprint. It’s about making sustainability a core value and driving force behind your business decisions. ### Set Ambitious Environmental Targets Setting ambitious environmental targets can motivate your organization to strive for greater improvements. These targets should be specific, measurable, achievable, relevant, and time-bound (SMART), pushing the boundaries of what is required by law. They should also align with broader environmental goals, such as the UK’s commitment to net-zero emissions by 2050. ### Implement Best Practices and Innovations Research and adopt industry best practices and innovations that can reduce environmental impacts. This could include energy-efficient technologies, waste reduction techniques, or sustainable supply chain initiatives. Collaborating with other businesses and organizations can also lead to shared insights and advancements. ### Engage in Environmental Reporting and Disclosure Transparently reporting on your environmental performance can build trust with stakeholders and demonstrate your commitment to sustainability. Consider participating in voluntary reporting frameworks, such as the Carbon Disclosure Project (CDP) or the Global Reporting Initiative (GRI), to showcase your environmental achievements and challenges. ### Foster a Culture of Continuous Improvement A culture of continuous improvement encourages employees at all levels to contribute ideas and take action to enhance environmental performance. Regular training, employee engagement initiatives, and recognition programs can support this culture, driving innovation and commitment from within. ### Participate in Environmental Certification Programs Environmental certification programs, like [ISO 14001](https://www.iso.org/standard/14001 "ISO 14001"), provide a structured approach to managing environmental impacts. Certification can help businesses identify areas for improvement, streamline operations, and gain a competitive edge in the marketplace. ### Invest in Community and Ecosystem Projects Investing in community and ecosystem projects can enhance your company’s reputation and contribute to local environmental conservation efforts. Projects could include habitat restoration, biodiversity initiatives, or educational programs that raise environmental awareness. ### Advocate for Stronger Environmental Policies Businesses can play a crucial role in advocating for stronger environmental policies and regulations. By engaging with policymakers and industry groups, companies can help shape a regulatory environment that supports sustainability and innovation. ### Monitor and Evaluate Performance Regularly Regular monitoring and evaluation of environmental performance ensure that businesses can track progress, identify areas for improvement, and make data-driven decisions. Utilizing environmental management systems and software can aid in this process. ### Seek External Recognition and Awards Applying for external recognition and awards can validate your environmental efforts and inspire further action. Awards can also raise your profile as a leader in environmental performance, attracting customers, investors, and talent. By implementing these strategies, businesses in England can not only meet but exceed environmental regulations, setting a standard for others to follow. Improving environmental performance is an ongoing journey that requires dedication, innovation, and a proactive approach. The rewards, however, are substantial, including cost savings, enhanced brand value, and a positive impact on the planet. ## Some examples of excellence in environmental performance Showcasing Excellence in Environmental Performance: Inspirational Companies Leading the Way In the realm of environmental stewardship, certain companies stand out for their exceptional commitment to sustainability and their innovative approaches to reducing their ecological footprint. These organizations not only comply with environmental regulations but also go above and beyond to ensure that their operations contribute positively to the planet. Here are some exemplary companies that have made significant strides in environmental performance: ### The BT Group Headquartered in London, The BT Group is a communications services giant with a clear purpose: to use the power of technology to create a better world. The company has accelerated its rollout of full-fibre networks, aiming to reach 25 million premises by the end of 2026, thus fuelling economic recovery and enhancing connectivity. With EE, the UK’s fastest mobile network under its wing, The BT Group is committed to providing reliable and swift connections, all while maintaining a focus on environmental sustainability. ### Reckitt Reckitt, the British multinational consumer goods company, is on a transformative journey towards sustainable growth. With a portfolio of well-known brands like Durex, Dettol, and Gaviscon, Reckitt designs its products with the highest quality hygiene and wellness in mind. The company’s global community of over 43,000 individuals is dedicated to having a positive impact on communities worldwide, promoting a healthier planet and fostering a fairer society. ### Barclays As a leading British universal bank, Barclays has a rich history spanning over 325 years. The bank operates across more than 40 countries and employs approximately 83,500 people. Barclays is committed to sustainability, evident in its consumer banking and payments operations, as well as its full-service global corporate and investment banking. The company supports service companies that provide technology, operations, and functional services across the Group, all while upholding rigorous sustainability standards. ### Schneider Electric Schneider Electric, the European multinational energy and automation provider, has been recognized for its sustained commitment to environmental, social, and governance issues. The company’s strategy revolves around building a sustainable business that focuses on digital and renewable disruptors. Schneider Electric is actively working to reduce CO2 emissions and slow the rise of Earth’s temperature by focusing on protecting the planet and ensuring greater access to energy. ### Ørsted The Danish power company Ørsted has pledged to fight climate change through renewable energy. Rated as one of the most sustainable companies globally, Ørsted has been recognized as the most sustainable energy company in the world for three consecutive years. The company’s commitment to renewable energy is a testament to its dedication to combating climate change and leading the industry towards a greener future. ### Tesla Tesla is renowned for producing zero-emission electric vehicles and powering its facilities using solar technology. The company’s mission to accelerate the world’s transition to sustainable energy is reflected in its innovative electric cars and renewable energy products. ### IKEA IKEA runs nearly 100% of its operations on renewable energy. The global furniture retailer is known for its commitment to sustainability, from sourcing sustainable raw materials to minimizing packaging waste with recyclable alternatives. ### Patagonia Patagonia, the outdoor clothing and gear company, is deeply engaged in environmental activism. It sources sustainable raw materials, limits packaging waste, repairs customer products for reuse, and actively participates in environmental conservation efforts. These companies serve as beacons of environmental responsibility, demonstrating that it is possible to achieve commercial success while prioritizing the health of our planet. They inspire other businesses to follow suit, proving that sustainable practices can lead to a more resilient and prosperous future for all. ## Small business can also play a part Emulating Sustainability Practices: A Guide for Small Businesses Small businesses play a vital role in the global economy and have the unique ability to implement and influence sustainable practices within their communities. While they may not have the same resources as larger corporations, small businesses can still make a significant impact on environmental stewardship. Here’s a guide on how [small businesses can emulate the sustainability practices of leading companies](https://ashbrookeconsultants.co.uk/compliance/can-too-much-corporate-governance-stifle-smes/): ### Understand Your Environmental Impact The first step is to understand your current environmental footprint. This involves assessing all aspects of your business operations, from energy usage to waste management. Tools like carbon calculators can help quantify your impact and identify areas for improvement. ### Set Clear Sustainability Goals Define clear, achievable sustainability goals for your business. Whether it’s reducing energy consumption by a certain percentage or achieving zero waste, having specific targets will provide direction and motivation for your sustainability efforts. ### Embrace Energy Efficiency Invest in energy-efficient appliances and equipment and consider renewable energy sources such as solar or wind power. Simple actions like switching to LED lighting can also reduce energy consumption and costs. ### Reduce, Reuse, Recycle Adopt a circular economy approach by minimizing waste. Encourage recycling and composting and consider how you can reuse materials within your business operations. Reducing packaging or using recyclable materials can also contribute to waste reduction. ### Sustainable Supply Chains Evaluate your supply chain and partner with suppliers who prioritize sustainability. This can include sourcing locally to reduce transportation emissions or choosing suppliers who use sustainable materials and practices. ### Engage Your Customers Educate your customers about your sustainability initiatives and encourage them to participate. This could involve offering incentives for returning packaging or providing information on how to recycle products at the end of their life cycle. ### Foster a Green Workplace Culture Create a workplace culture that values sustainability. Encourage employees to contribute ideas for improving environmental performance and provide training on sustainable practices. ### Monitor and Report Progress Regularly monitor your progress towards your sustainability goals and report on your achievements. This transparency can build trust with customers and stakeholders and can help you stay accountable. ### Seek Continuous Improvement Sustainability is an ongoing journey. Continuously seek ways to improve your environmental performance, stay informed about new technologies and practices, and be willing to adapt and innovate. ### Collaborate and Share Knowledge Collaborate with other businesses and organizations to share knowledge and best practices. Joining local business groups or sustainability networks can provide support and inspiration. By following these steps, small businesses can make meaningful contributions to environmental sustainability. It’s not only about reducing negative impacts but also about creating positive change and setting an example for others to follow. Sustainability can lead to cost savings, improved brand reputation, and a better future for our planet. For more detailed guidance and examples of how small businesses can introduce sustainable business strategies, explore the resources provided by [GreenBiz](https://www.greenbiz.com/), the [World Economic Forum](https://www.weforum.org/), [and Inside Small Business](https://insidesmallbusiness.com.au/). These platforms offer valuable insights and practical tips to help small businesses on their sustainability journey. Remember, every step towards sustainability, no matter how small, counts towards a larger impact on our environment. ## Examples of small business excellence Sustainability Success Stories: Small Businesses Making a Big Impact The journey towards sustainability is not exclusive to large corporations; small businesses around the world are also making remarkable strides in implementing sustainable practices. These [case studies](https://ashbrookeconsultants.co.uk/legislation-case-study/) highlight how small businesses have embraced sustainability, showcasing the innovative approaches and positive outcomes of their efforts. ### UPS ORION: Enhancing Transportation Efficiency UPS, a global leader in logistics, has implemented an AI system called ORION to optimize delivery routes, thereby reducing fuel consumption and carbon emissions. Although UPS is a large company, its ORION system serves as an inspiration for small businesses looking to improve their transportation efficiency. Small businesses can utilize public cloud route optimizer systems available as software services to achieve similar sustainability goals. ### IKEA IWAY: Partnering with Sustainable Suppliers IKEA’s supplier code of conduct, IWAY, ensures that its suppliers adhere to strict environmental and humanitarian standards. Small businesses can emulate this approach by establishing their own supplier guidelines that prioritize sustainability, thereby influencing their supply chain to adopt greener practices. ### Lyft: Commitment to Carbon Neutrality Lyft, the ride-hailing service, has made a commitment to carbon neutrality through various initiatives, including carbon offset programs. Small businesses can take a cue from Lyft by investing in carbon offset projects or by implementing policies that reduce their overall carbon footprint. ### Patagonia: Environmental Activism and Ethical Practices Patagonia, known for its outdoor clothing, integrates environmental activism into its business model. Small businesses can follow suit by engaging in environmental advocacy and adopting ethical practices that resonate with their customers and community. ### Danone: Focusing on Health and Sustainability Danone, the food products corporation, has placed a strong emphasis on health and sustainability. Small businesses in the food industry can look to Danone’s practices, such as sourcing ingredients sustainably and promoting healthy products, as a model for their own sustainability efforts. ### Gusto: Promoting Social Sustainability Gusto, a software firm, has made significant progress in addressing gender inequality within its workforce. Small businesses can implement similar social sustainability initiatives by focusing on diversity and inclusion in their hiring and workplace policies. ### Swire Properties: Sustainable Construction Practices Swire Properties has embraced green building practices in its construction projects, such as One Taikoo Place. Small businesses in the construction industry can incorporate sustainable materials and energy-efficient designs into their projects to reduce environmental impact. These [case studies](https://ashbrookeconsultants.co.uk/environmental-case-study/) demonstrate that sustainability is achievable and beneficial for businesses of all sizes. By adopting sustainable practices, small businesses not only contribute to environmental protection but also enhance their competitiveness and reputation. The key is to identify the sustainability strategies that align with the business’s values and capabilities and to implement them with commitment and creativity. For small businesses seeking to embark on a sustainability journey, these examples serve as a source of inspiration and a blueprint for action. By learning from the successes of others, small businesses can navigate the path to sustainability with confidence and purpose. If you require advice on environmental permits or sustainability, [please contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/). **Categories:** Environment **Tags:** environment, governance, risk --- ### [EU vs UK Environmental Regulation After Brexit: A Business Guide](https://ashbrookeconsultants.co.uk/environment/eu-vs-uk-environmental-regulation-after-brexit-a-business-guide/) **Published:** October 7, 2026 **Author:** Administrator **Excerpt:** The post-Brexit story in environmental law is neither a collapse in standards nor a frozen copy of EU rules. It is a gradual and uneven separation, now partially reversed by political choices to re-align in carbon, agri-food and energy. The most useful way for businesses to think about it is as a moving map: stable in some places, fast-changing in others, and increasingly shaped by trade as much as by environmental policy. **Content:** *Position as at October 2026. Regulation in this area is moving quickly, so check the current status of individual measures before acting.* When the UK left the EU, the government’s stated aim was to keep environmental standards at least as high as before while gaining the freedom to regulate differently. Six years on, the picture is more complicated than either “*race to the bottom*” or “*business as usual*” suggests. The UK and EU have diverged in some areas, drifted passively apart in others, and are now deliberately re-aligning in a few of the most commercially important ones. This article compares the two systems, explains where they differ and why, and sets out what the direction of travel means for businesses that operate in, or trade with, both markets. ![EU UK environmental regulation post Brexit](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/10/EU-Flag-1024x768.jpg)*EU vs UK [Environmental Regulation](https://ashbrookeconsultants.co.uk/environment/does-the-environmental-permitting-regulations-apply-to-my-business/), what has changed since Brexit?* ## Summary: the key points - **Structure.** The UK retained most EU-derived environmental law as “assimilated law” in 2021, but now amends it independently. The EU has kept legislating, so divergence is partly active (UK changes) and partly passive (the EU changes and the UK does not follow). - **Governance.** The UK replaced [Commission](https://commission.europa.eu/index_en) and [Court of Justice](https://curia.europa.eu/site/) oversight with the [Office for Environmental Protection](https://www.theoep.org.uk/) (OEP), which has real powers but fewer than its EU counterparts. - **Chemicals.** [UK REACH](https://ashbrookeconsultants.co.uk/health-and-safety/what-businesses-need-to-comply-with-uk-reach/) and EU REACH are now separate regimes, with separate registrations, deadlines and costs. Neither side is currently pursuing a full rewrite. - **Climate and carbon.** The UK runs its own Emissions Trading Scheme. Both sides are now moving towards linking them, alongside border carbon taxes (CBAMs). - **Planning and nature.** England has taken a distinctive route through the [Planning and Infrastructure Act 2025](https://www.legislation.gov.uk/ukpga/2025/34/contents), which the OEP and NGOs have criticised as weakening protections. - **Simplification.** Both sides are in a deregulatory mood. The EU’s “omnibus” programme and the UK’s planning reforms pursue similar goals by different means. - **Northern Ireland.** NI still [applies a defined body of EU law](https://ashbrookeconsultants.co.uk/waste/what-uk-waste-laws-apply-to-small-businesses/) under the Windsor Framework, creating a three-way compliance map across the EU, Great Britain and Northern Ireland. ## 1. The legal starting point On 31 December 2020 the UK converted EU environmental law into domestic law through the [European Union (Withdrawal) Act 2018](https://www.legislation.gov.uk/ukpga/2018/16/contents). Directly applicable EU regulations became UK statutory instruments, and directives that had been implemented through UK legislation stayed in place. In 2023 the [Retained EU Law (Revocation and Reform) Act](https://www.legislation.gov.uk/ukpga/2023/28/contents) renamed this body “assimilated law” and ended the special status it had held. On day one the two systems were almost identical. The divergence since then comes from three sources: 1. **Active divergence:** the UK changes or replaces a rule. 2. **Passive divergence:** the EU adopts new legislation and the UK does not follow. 3. **Internal divergence:** England, Scotland, Wales and Northern Ireland make different choices on devolved matters such as waste, water and nature. The third source matters more than it is often given credit for. Because environmental policy is largely devolved, there is no single “UK” regime in many areas. ## 2. Governance and enforcement Before Brexit, the European Commission could investigate member states and bring them before the Court of Justice, which could impose financial penalties. After Brexit, the UK’s [Environment Act 2021 ](https://www.legislation.gov.uk/ukpga/2021/30/contents)created the **Office for Environmental Protection**, which scrutinises government performance, investigates alleged failures and can bring enforcement proceedings. Differences worth noting: FeatureEUUK (England-focused)Oversight bodyEuropean Commission, with Court of Justice backstopOffice for Environmental ProtectionSanctions on governmentCourt-imposed fines on member statesDeclarations and enforcement through the courts; no equivalent finesEnvironmental principlesEmbedded in the TreatiesStatutory duty to have due regard to a policy statement on environmental principlesTarget settingBinding EU-level targets (climate, nature restoration, waste)Statutory targets set domestically under the Environment Act 2021 and Climate Change Act 2008The OEP has been willing to criticise the government, including on the planning reforms discussed below, but its powers are narrower than those of the Commission and Court, and the UK government’s response to its recommendations is advisory in practice. ## 3. Chemicals: two REACH regimes Chemicals regulation is where divergence is most visible to businesses, because it creates direct, duplicated costs. **UK REACH** took effect on 1 January 2021 and applies in Great Britain. It is administered by the Health and Safety Executive with policy led by [Defra](https://www.gov.uk/government/organisations/department-for-environment-food-rural-affairs "Defra"). It has its own registrations, its own substance evaluation and its own restrictions and authorisation lists. The government is developing an Alternative Transitional Registration model (ATRm) to reduce data requirements and cost, and, because the legislation could not be completed in time, it has extended the transitional registration deadlines to 27 October 2029, 2030 and 2031. **EU REACH** continues to apply in the EU and, for most purposes, in Northern Ireland. The Commission spent years preparing a major revision, but it confirmed in April 2026 that it would not open the regulation. It is instead pursuing simplification through secondary legislation, plus stronger enforcement against non-compliant products at EU borders and in the market. A large PFAS restriction proposal is expected to progress by the end of 2026. What this means in practice: - A [business supplying both markets needs](https://ashbrookeconsultants.co.uk/compliance/do-small-businesses-need-a-health-and-safety-legal-register/) two sets of registrations, or access to two sets, and must manage two substance lists. - Neither side is currently converging, and neither is conducting a wholesale rewrite. - Enforcement is likely to be the main change in the EU, while cost and data requirements are the main uncertainty in GB. ## 4. Climate policy and carbon markets ### Separate trading schemes, heading towards a link The UK left the EU Emissions Trading System and launched the **UK ETS** in 2021. The UK scheme is smaller and has historically traded at a lower price. It is expanding, including a commitment to bring waste incineration in from 2028. At the May 2025 UK-EU summit, both sides agreed in principle to link the two schemes. The EU Council approved a negotiating mandate in November 2025, and negotiations have been under way since early 2026. Linking would require the UK to track relevant EU rules “dynamically”, and would allow allowances to be traded across both markets. The intended scope includes power, industry, aviation and maritime. ### Carbon border taxes The more immediate pressure comes from **carbon border adjustment mechanisms**: - The **EU CBAM** entered its definitive phase on 1 January 2026. UK exporters of covered goods such as steel, aluminium, cement and fertiliser currently receive no exemption. Importers will declare 2026 emissions by September 2027. - The **UK CBAM** starts on 1 January 2027, covering aluminium, cement, fertiliser, hydrogen and iron and steel. Importers above a £50,000 registration threshold will be liable. Indirect emissions are excluded until 2029 at the earliest. Primary legislation is in the Finance Act 2026, with secondary legislation still being finalised. A completed ETS link would create conditions for mutual CBAM exemptions, but only once the agreement is in force, so there is a real risk of paying both ways in the interim. Businesses in covered sectors should treat this as a live cost issue, not a distant policy debate. ## 5. Nature, planning and development This is where UK and EU approaches have diverged most politically. **England** has pursued a more flexible planning route. The **Planning and Infrastructure Act 2025**, which became law in December 2025, creates [**Environmental Delivery Plans** ](https://www.gov.uk/government/collections/environmental-delivery-plans)prepared by Natural England and a **[Nature Restoration Fund](https://www.gov.uk/guidance/understanding-the-nature-restoration-fund)**. Developers can pay a **[Nature Restoration Levy](https://www.gov.uk/guidance/using-the-nature-restoration-levy)** instead of carrying out some site-specific assessment and mitigation. The government’s position is that this provides a different route to meet existing obligations, not a removal of protections. The OEP and several [nature](https://ashbrookeconsultants.co.uk/agriculture/urgent-need-to-work-with-nature/) charities have argued it reduces the level of legal protection for specific habitats and species, and the Act’s amendments responded to part of that criticism. Secondary legislation on how the levy operates was consulted on over summer 2026. Biodiversity net gain is also evolving. It is due to become mandatory for nationally significant infrastructure projects from 2 November 2026, while a separate consultation has examined exempting brownfield development. **The EU** has taken a more target-led approach through measures such as the Nature Restoration Law, which sets binding restoration objectives for member states. At the same time, the Commission has said it will stress-test the Habitats and Birds Directives, so a softening of site-based protection is under discussion in Brussels too. The honest comparison is that both sides are under pressure to speed up infrastructure and housing, and both are testing how far that can go before it undermines nature protection. The UK has moved first and in a more structural way in England. ## 6. Industrial regulation and simplification The EU has set out a programme of “omnibus” simplification packages. The **[Environmental Omnibus](https://circulareconomy.europa.eu/platform/en/news-and-events/all-news/environmental-omnibus-has-been-published)**, proposed in December 2025, targets industrial emissions, circular economy reporting, extended producer responsibility, environmental assessments and geospatial data. The Commission says it will save around €1 billion a year for business. The Council agreed its position in June 2026, and EU leaders have set a goal of concluding all simplification packages by the end of 2027. Changes proposed include allowing environmental management systems under the Industrial Emissions Directive to be prepared at company level instead of per installation, and simplifying reporting for livestock and aquaculture operators. The Council has retained a chemicals inventory requirement as a monitoring tool. In Great Britain, industrial permitting remains based on the [Environmental](https://ashbrookeconsultants.co.uk/environment/environmental-permitting/) Permitting Regime derived from the previous EU framework. The UK has focused its reform energy on planning and infrastructure delivery rather than rewriting industrial emissions rules, so the more important divergence for permitted sites is likely to come from what the EU changes and the UK leaves alone. ## 7. Dynamic alignment: the reset The most significant strategic shift is political. As part of the “reset” of UK-EU relations, the UK has agreed to pursue **dynamic alignment** with EU law in three areas: a sanitary and phytosanitary (SPS) agreement, ETS linking, and participation in the EU electricity market. UK participation in decision-shaping and a financial contribution to the EU’s work were also agreed. Electricity negotiations were formally launched in March 2026. For environmental regulation, this has several consequences: - **SPS alignment** would reverse a number of post-Brexit divergences in areas such as pesticides, food and feed. Campaign groups argue that GB pesticide standards have fallen behind the EU’s, so alignment would raise the bar in some cases. - **Reduced regulatory freedom.** Critics, including some parliamentarians, argue that tracking EU rules limits the UK’s ability to set its own course. The House of Lords European Affairs Committee opened an inquiry into dynamic alignment in March 2026, including its implications for devolution. - **Timing.** The government has indicated it wants legislation by the end of 2026 so an SPS agreement can take effect around mid-2027, but the detail remains subject to negotiation. ## 8. Northern Ireland: a third regime Under the Windsor Framework, Northern Ireland continues to apply EU law on goods, including much environmental product legislation. Examples include EU REACH and CLP, and much of the EU Packaging and Packaging [Waste Regulation](https://ashbrookeconsultants.co.uk/waste/does-my-business-need-to-comply-with-the-waste-regulations/), while Great Britain follows domestic packaging and producer responsibility rules. The EU Deforestation Regulation is set to apply in NI in phases from 30 December 2026, and the UK government has indicated it will consult on a GB regime covering similar commodities. This produces a three-way compliance map. A single product placed on the EU, NI and GB markets can face different packaging, chemicals and supply chain due diligence rules, and GB producers selling into NI may need to change practices to meet EU requirements. ## 9. Side-by-side comparison AreaEUGreat Britain / UKOversightCommission and Court of JusticeOffice for Environmental ProtectionChemicalsEU REACH; full revision shelved; simplification by secondary legislationUK REACH; ATRm in development; deadlines 2029 to 2031Carbon pricingEU ETS; CBAM definitive phase from January 2026UK ETS; UK CBAM from January 2027; ETS linking under negotiationNature and planningBinding restoration targets; Habitats Directives under reviewEnvironmental Delivery Plans and Nature Restoration Fund in EnglandIndustrial emissionsIED recast; omnibus simplification under negotiation[Environmental Permitting](https://ashbrookeconsultants.co.uk/environment/what-businesses-need-an-environmental-permit/) Regime; less active reformPackagingPPWRDomestic packaging and EPR rules (EU PPWR largely applies in NI)DeforestationEUDR applying from December 2026 (phased in NI)GB regime proposed; consultation plannedDirection of travelSimplify and enforce, but keep objectivesDeregulate delivery, re-align selectively through the reset## What this means for businesses 1. **Treat the UK as at least two markets.** GB and NI will continue to follow different rules for the foreseeable future, and the EU is a third. 2. **Plan for double chemicals compliance.** Map which substances are registered under each REACH regime and monitor ATRm developments. 3. **Model carbon border exposure now.** If you import or export steel, aluminium, cement, fertiliser or hydrogen, work out your CBAM liability on both sides and what an ETS link might change. 4. **Watch dynamic alignment.** It may improve predictability for agri-food and energy-intensive trade, but it also means EU decisions will increasingly shape GB rules. 5. **Expect planning and permitting to change in England.** If your projects affect protected sites, follow the Nature Restoration Levy regulations and Environmental Delivery Plan roll-out. 6. **Build a regulatory horizon scan.** With both sides in reform mode, a quarterly review of legislative changes will prevent costly surprises. ## Conclusion The post-Brexit story in environmental law is neither a collapse in standards nor a frozen copy of EU rules. It is a gradual and uneven separation, now partially reversed by political choices to re-align in carbon, agri-food and energy. The most useful way for businesses to think about it is as a moving map: stable in some places, fast-changing in others, and increasingly shaped by trade as much as by environmental policy. *This article is for general information only and is not legal advice. Regulations and deadlines change, so confirm the current position with the relevant regulator or a qualified adviser.* **Categories:** Compliance, Environment **Tags:** BREXIT, environment --- ### [Why your company needs a legislation register](https://ashbrookeconsultants.co.uk/governance/why-your-company-needs-a-legislation-register/) **Published:** August 26, 2024 **Author:** Administrator **Excerpt:** In the intricate world of corporate governance, maintaining a legislation register is not just a matter of compliance, but a cornerstone of sound business practice. A legislation register, often part of a company's statutory registers, serves as a vital record that documents a company's adherence to legal and regulatory requirements. **Content:** In the intricate world of corporate governance, maintaining a legislation register is not just a matter of compliance, but a cornerstone of sound business practice. A legislation register, often part of a company’s statutory registers, serves as a vital record that documents a company’s adherence to legal and regulatory requirements. The reasons for companies to maintain such a register are multifaceted and underscore the importance of transparency and accountability in the corporate sphere. Firstly, a legislation register provides a historical and current record of a company’s compliance with laws and regulations. This is crucial for any business as it demonstrates due diligence and a commitment to lawful operation. It is a tangible way for a company to show that it is up to date with the ever-changing legal landscape, which can be particularly complex in areas such as environmental law, employment practices, and financial regulations. ![Legislation register](https://ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/mahosadha-ong-lSdxCqutMKE-unsplash-1024x732.jpg)Moreover, the register acts as a definitive guide to the company’s history, its directors, and its owners or shareholders. For instance, the register of members, which is a mandatory requirement under section 113 of the [Companies Act 2006](https://www.legislation.gov.uk/ukpga/2006/46/contents), is the authoritative statement of who the members of the company are and what shares they hold. This is not just a formality; it is the key evidence of ownership and is essential in the event of a sale, merger, or other significant share transactions. Failure to maintain accurate statutory registers can lead to severe consequences. It is considered an offense by the company and each of its officers by default, and directors may also be found in breach of their duties. The implications of such breaches can be far-reaching, including legal penalties, delays in business transactions, and potential damage to the company’s reputation. Furthermore, statutory registers are not to be confused with filings at [Companies House](https://www.gov.uk/government/organisations/companies-house), which is a public registry for making company information available. While these filings are necessary, they do not replace the need for a company to maintain its own statutory registers. The information filed at Companies House does not normally give legal effect to transactions, which is a common misconception that can lead to significant issues, such as the unlawful distribution of dividends or tax complications. In essence, a legislation register is a safeguard, a reference point, and a source of truth for a company’s legal standing. It is an indispensable tool for ensuring that a company operates within the bounds of the law and maintains the trust of its stakeholders. By keeping a meticulous record of compliance, [companies can navigate the complexities of corporate](https://ashbrookeconsultants.co.uk/compliance/investing-in-corporate-governance-adds-value-to-the-bottom-line-and-improves-resilience-in-uncertain-times/) legislation with confidence and integrity. In conclusion, the maintenance of a legislation register is a critical aspect of corporate governance. It is a reflection of a company’s commitment to [legal compliance](https://ashbrookeconsultants.co.uk/environment/what-does-an-iso-14001-legal-register-need-to-contain/), transparency, and accountability. As the business environment continues to evolve, the role of the legislation register remains steadfast, providing clarity and certainty in a world of legal complexities. For any company looking to establish or maintain its credibility and legitimacy, a well-maintained legislation register is not just recommended—it is essential. ## What are the key components of a legislation register A legislation register is an essential tool for organisations to manage their legal and [regulatory compliance](https://ashbrookeconsultants.co.uk/regulatory-compliance-case-study/). It serves as a comprehensive database that records all the legislative requirements applicable to the company’s operations. Here are the key components that typically constitute a legislation register: ### Legal Requirements This is the core of the register, listing all relevant laws, regulations, standards, and [codes of practice](https://ashbrookeconsultants.co.uk/food-safety/food-law-code-consultation/) that the organisation must comply with. It includes national, regional, and local laws, as well as industry-specific standards. ### Description and Applicability For each legal requirement listed, the register should provide a concise description. This includes the scope of the law, its objectives, and how it applies to the organisation’s activities and operations. ### Compliance Status The [register should reflect the current compliance status for each legal](https://ashbrookeconsultants.co.uk/bespoke-legal-registers/) requirement. This involves indicating whether the organisation is compliant, in the process of becoming compliant, or non-compliant, along with any notes on potential risks or issues. The register may also indicate the date when the legislation takes effect if it is at a future date. ### Implementation Measures This section details the actions taken by the organisation to comply with each legal requirement. It may include procedures, controls, training programs, and other measures implemented to ensure compliance. ### Review and Update Laws and regulations are subject to change, and the legislation register must be regularly reviewed and updated to reflect these changes. This ensures that the organisation remains compliant with the latest legal requirements and can make relevant adjustments to its operating practices where required. ### Documentation and Records The legislation register should include or reference all documentation that evidences compliance with the legal requirements. This could be policies, procedures, audit reports, or any other relevant records. ## Evidence of Compliance By maintaining a detailed and up-to-date legislation register, organisations can demonstrate their commitment to legal compliance, reduce the [risk](https://ashbrookeconsultants.co.uk/agriculture/hello-world-2/) of non-compliance penalties, and maintain a reputation for integrity and responsibility. It is a critical component of effective governance and [risk management](https://ashbrookeconsultants.co.uk/risk-management-case-study/) strategies. ## Consequences of inadequate records Maintaining a comprehensive and accurate legislation register is a critical component of an organisation’s compliance and assurance framework. Inadequate record-keeping within such registers can have far-reaching and severe consequences for businesses. Here are some of the potential repercussions: ### Legal Penalties Organisations may face [legal penalties for failing to keep](https://ashbrookeconsultants.co.uk/compliance/keeping-it-legal/) adequate records. For example, in the UK, a penalty of up to £3,000 may be charged for each failure to keep or preserve adequate records related to tax returns or claims. ### Poor Decision Making Inadequate record-keeping can lead to poor decisions based on incomplete or outdated information. This can result in strategic missteps, financial losses, and missed opportunities. ### Security Breaches Failure to handle information securely can lead to data breaches, with sensitive information potentially being exposed. This not only violates data protection laws but can also cause harm to individuals and damage the organisation’s reputation. ### Operational Inefficiencies Poor records management can lead to inefficiencies within the organisation. Time and resources may be wasted searching for missing or poorly organised documents, leading to delays and reduced productivity. Poor records can also result in a knowledge gap within the organisation. ### Legal Action In some sectors such as health and social care, inadequate record-keeping can lead to severe consequences, including harm to clients and legal action against care providers. Accurate and up-to-date records are essential for the continuity of care and legal compliance. Accurate records can also prove to be valuable evidence in defending any claims or prosecutions by regulatory bodies. ### Professional Consequences Professionals may face personal and professional consequences due to poor record-keeping. This includes accountability for their actions and omissions, which could result in disciplinary action or loss of their licence to operate. Professionals such as accountants, medical staff and solicitors are governed by professional bodies which can take enforcement action against individuals. ### Reputational Damage An organisation’s reputation can suffer significantly if it becomes known for poor compliance practices. This can lead to a loss of trust among stakeholders, customers, and the public. This often leads to a drop in sales and increase in litigation. ### Financial Implications Inadequate record-keeping can have direct financial implications, from fines and penalties to the costs associated with rectifying the issues. It can also impact the organisation’s ability to secure funding or investment. ### Audit Failures Organisations may fail audits due to inadequate records, which can lead to further scrutiny from regulatory bodies and the potential for additional sanctions. Adverse audit findings can also discourage others from investing in the company or using it as a supplier. ### Business Continuity Risks In the event of a disaster or crisis, poor record-keeping can hinder recovery efforts, as vital information may be inaccessible or lost. Robust business continuity plans will indicate what records are available and required to quickly recover from a crisis. In conclusion, the importance of maintaining a robust legislation register cannot be overstated. Organisations must recognise the potential consequences of inadequate record-keeping and take proactive steps to ensure their compliance records are complete, accurate, and up-to-date. This involves implementing effective records management policies, regular training for staff, and the use of technology to streamline the record-keeping process. By doing so, organisations can mitigate risks, maintain operational efficiency, and uphold their legal and ethical responsibilities. ## Keep your legislation register up to date In the dynamic landscape of legal compliance, keeping legislation registers current is a critical task for organisations. A legislation register that is not up to date can lead to non-compliance with current laws and regulations, potentially resulting in legal penalties and reputational damage. Here are some strategies organisations can employ to ensure their legislation registers remain current: ### Regular reviews of the legislation register Organisations should establish a routine for regularly reviewing and updating their legislation registers. This could be monthly, quarterly, or biannually, depending on the nature of the industry and the rate of legislative changes typically experienced in that sector. ### Dedicated compliance team Having a team or an individual responsible for compliance can ensure focused oversight of the legislation register. This team should have a clear understanding of the legal landscape and the organisation’s obligations and serve as an early warning system of new legislative impacts and non-compliance. ### Subscription to a legal updates service Many services provide updates on new and amended legislation. Subscribing to these can alert organisations to changes that may affect their operations and should be reflected in the legislation register. ### Use of compliance software There are compliance software solutions that automatically update legal registers with new and amended legislation. These can be particularly useful for organisations operating in multiple jurisdictions or sectors with frequent regulatory changes. However, these software options can be expensive particularly for small companies. ### Engagement with legal advisor or consultant Regular consultations with legal advisor, such as a solicitor or barrister, or a consultant can help organisations interpret complex legislation and understand how changes impact their operations. Legal advisors and consultants can also assist in updating the legislation register accurately as well as providing practical advice on the implementation and compliance with legislation. ### Training and awareness of the legislation register Ensuring that staff are trained and aware of the importance of the legislation register can foster a culture of compliance. Staff should be encouraged to report any legal changes they become aware of in their areas of work or through trade associations or other avenues of information. ### Government and Industry Resources Utilising resources provided by government bodies and industry associations can be a valuable way of staying informed about legislative changes. These organisations often provide guidance and updates relevant to their stakeholders which supplements the actual legislation. ### Audit and verification of the legislation register Periodic audits of the legislation register can verify its accuracy and completeness. This can be done internally or by an external auditor, providing an additional layer of assurance. ### Feedback Mechanism Implementing a feedback mechanism where employees can contribute information on legislative changes can help keep the register comprehensive and up to date. ### Technology Integration Integrating the legislation register with other organisational systems, such as [risk management](https://ashbrookeconsultants.co.uk/governance/risk-management-in-the-uk/) or enterprise resource planning (ERP) systems, can help streamline the update process and ensure consistency across the organisation. By employing these strategies, organisations can maintain a robust approach to legal compliance and ensure their legislation registers are always reflective of the current legal requirements. This proactive stance not only safeguards against [legal risks](https://ashbrookeconsultants.co.uk/compliance/do-small-businesses-need-a-health-and-safety-legal-register/) but also reinforces the organisation’s commitment to ethical business practices and corporate governance. ## Legislation register support and advice In the intricate tapestry of modern business, the legal advisor emerges as a pivotal figure, weaving through the complex threads of legislation to guide companies towards compliance and strategic success. The role of legal counsel within a company or group extends far beyond the traditional boundaries of legal advice; they are the sentinels of corporate strategy, the architects of risk management, and the harbingers of ethical business practices. ### Understanding the legal landscape The legal landscape is ever evolving, with new regulations and laws constantly shaping the business environment. Legal counsel serves as the company’s compass, navigating through these changes with foresight and expertise. By staying abreast of legislative developments, legal counsel ensures that companies not only comply with current laws but are also prepared for future amendments. ### Strategic integration of compliance expertise The integration of legal expertise into business strategy is not a mere addition but a fusion that fortifies the company’s foundation. Legal counsel scrutinises every strategic initiative, ensuring alignment with legal requirements and safeguarding against potential pitfalls. Their involvement from the inception of strategic planning is crucial, as it allows for the identification and mitigation of legal risks before they materialize. ### Risk management and compliance with a legislation register Risk management is an integral part of the legal counsel’s repertoire. Through comprehensive risk assessments, legal counsel identifies potential vulnerabilities within the company’s operations. They craft tailored compliance programs that not only address these risks but also align business operations with the relevant laws and regulations, thus minimising the likelihood of disputes and reputational damage. ### Shaping corporate culture Legal counsel also plays a vital role in shaping the company’s culture. By instilling core values and fostering a culture of integrity, legal counsel ensures that [employees’ decisions resonate with the company’s](https://ashbrookeconsultants.co.uk/health-and-safety/employee-died-while-loading-lorry/) ethical standards. This cultural alignment is essential for creating a positive work environment and maintaining a reputation for integrity. ### The business advisor Legal counsel often transcends their legal role to act as strategic business advisors. Their insights into the legal implications of business decisions enable them to contribute significantly to the company’s growth and strategic objectives. They are instrumental in identifying business opportunities that comply with legal standards, thus driving sustainable growth. In conclusion, legal counsel is indispensable for companies aiming to navigate the complexities of legislation. Their strategic role in ensuring compliance, managing risks, and shaping corporate culture is invaluable. By leveraging the expertise of legal counsel, companies can secure a competitive edge, foster a culture of ethical decision-making, and achieve their strategic goals within the legal framework. For a deeper understanding of the multifaceted role of legal counsel in business strategy, readers are encouraged to explore the insightful articles provided by industry experts. ## How to find the right support for your legislation register For any business, finding the right support for drafting and updating its legislation register is a critical step that can have a significant impact on its success and longevity. The legal landscape is fraught with complexities and ever-changing regulations that require expert navigation. Often companies will simply not have the resources to have their own legal counsel or solicitor in-house. External solicitors, barristers and specialist consultants can provide support to companies in drafting and maintaining legislation registers. In selecting such support, companies need to consider some important factors. ### Understanding the legal requirements for a legislation register Before embarking on the search for external support and advice, it is essential for a company to understand its legal requirements. This involves a thorough assessment of the business’s industry, the nature of its operations, and the specific legal challenges it faces. Whether it is compliance, intellectual property, labour laws, or international trade, identifying the areas where advice and support is needed will streamline the search. ### Prioritising commitment and interest When selecting external advice and support, it’s crucial to prioritise a consultant’s commitment and interest in your business. A consultant who is genuinely interested in your company will go the extra mile to understand your business model, objectives, and challenges. This commitment translates into tailored advice and proactive strategies that align with your business goals. ### Matching personalities and approaches The relationship between a company and its consultant is built on trust and communication. It is important to match a consultant’s personality and approach with the company’s culture and values. A consultant who resonates with the company’s ethos can effectively become an extension of the team, working seamlessly with other departments and stakeholders. ### Seeking clear communication Clear and understandable communication is a non-negotiable trait in consultants. Complex legal jargon can often obfuscate the real issues at hand. A consultant who can translate legislative concepts into clear, actionable advice will empower a company to make informed decisions. ### Valuing adaptability and business understanding The business world is dynamic, and your consultant must be adaptable to keep pace with changes. A consultant who understands the nuances of business and can adapt their compliance advice accordingly is invaluable. This understanding ensures that compliance strategies are not only in place but also conducive to business growth. ### Ensuring scalability with growth As a company grows, its compliance needs will evolve. It is important to consider whether the consultant can scale their services to match the company’s trajectory. A consultant who can handle the increasing complexity and volume of compliance matters as the business expands is a strategic asset. ### Considering specialised expertise Depending on the company’s industry and the nature of its compliance issues, specialised expertise may be required. Consultants with niche expertise bring a depth of knowledge and experience that can be critical for certain compliance challenges. It is worth considering whether a generalist or a specialist would better serve the company’s needs. ### Finding the right fit Ultimately, finding the right compliance consultant is about finding the right fit for the company. This involves a careful consideration of the consultant’s expertise, approach, communication style, and ability to grow with the business. By taking the time to find a consultant who aligns with these criteria, a company can establish a strong foundation for compliance support that contributes to its overall success. ## Warning signs Choosing the right consultant is a crucial decision for any individual or business. The quality of compliance advice can significantly influence the outcome of enforcement matters and the overall success of a company. However, not all consultants are created equal, and it is important to be aware of potential red flags that could indicate a consultant may not be the best fit for your needs. ### Lack of specialisation Compliance is a vast field with numerous subfields, each requiring specific knowledge and experience. A consultant who lacks specialisation in the area relevant to your business may not have the depth of knowledge necessary to provide effective advice. It is essential to choose a consultant with a proven track record in the specific area of your business. ### Poor communication Effective communication is the foundation of a successful consultant-client relationship. Be cautious of compliance consultants who are slow to respond to inquiries or vague in their responses. Consistent, clear, and timely communication is key to ensuring that you are informed and comfortable with the progress of your compliance matters. ### Overpromising Be wary of consultants who guarantee specific outcomes or make promises that seem too good to be true. Compliance processes are often unpredictable, and no ethical consultant can assure a particular result. Overpromising may be a sign of inexperience or a lack of honesty. ### Fee structure ambiguity Transparency in billing practices is critical. If a consultant is not clear about their fees or avoids discussing costs until after they have started advising you, this is a red flag. A trustworthy consultant will be upfront about their fee structure, including hourly rates, flat fees, or retainers. ### Negative reviews Researching a consultant’s reputation is an important step. Negative reviews can indicate past issues with clients or unethical behaviour. While one negative review may not be cause for concern, a pattern of dissatisfaction from clients should raise alarms. ### Lack of empathy or interest Compliance in your company is important to you and the consultant you choose should treat it with the seriousness it deserves. A lack of empathy or a disinterested demeanour is not only a red flag regarding the potential quality of advice but also about the consultant-client relationship dynamic. In conclusion, selecting the right compliance consultant requires careful consideration and due diligence. By being aware of these red flags and taking the time to thoroughly vet potential consultants, you can increase your chances of finding a compliance professional who will provide the quality representation and support you need. If you need advice or support for your company’s compliance issues, [please contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). Would you like a free copy of our [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/when-does-dsear-apply/) and environmental legal register checklist for UK operations? Checklist **Categories:** Governance **Tags:** governance, risk --- ### [Do I really need a legislation register?](https://ashbrookeconsultants.co.uk/governance/do-i-really-need-a-legislation-register/) **Published:** August 25, 2026 **Author:** Administrator **Excerpt:** A legislation register is an indispensable component of successful ISO 9001, ISO 14001, and ISO 45001 management systems. By transforming legal compliance from an administrative burden into an organised asset, organisations safeguard their operational integrity, validate their commitment to corporate responsibility, and build a sustainable foundation for international commercial growth. **Content:** A **legislation register** is a critical component of any robust corporate governance framework. In an increasingly complex regulatory landscape, organisations must actively track, evaluate, and fulfil their legal obligations. Integrating a centralised legal register into your management system ensures continuous compliance, mitigates operational risk, and satisfies the rigorous requirements of international standards like **[ISO 9001](https://www.iso.org/standard/62085.html)**, **[ISO 14001](https://www.iso.org/standard/14001)**, and **[ISO 45001](https://www.iso.org/standard/63787.html)** (previously OHSAS 18001). ![auditor with clipboard](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/pexels-burst-544965-1024x683.jpg)A legislation register with ensure your business is prepared for change## The Strategic Value of a Legislation Register in ISO Management Systems Modern corporate governance demands a proactive approach to regulatory risk. Organisations can no longer afford to treat [legal compliance](https://ashbrookeconsultants.co.uk/compliance/keeping-it-legal/) as an afterthought or a reactive exercise. To achieve long-term commercial resilience, executive leadership must embed a structured **legislation register** directly into the core of their business management frameworks. A legislation register—often referred to as a legal register—is a comprehensive database that identifies, organises, and monitors all statutory, regulatory, and contractual obligations applicable to an organisation’s operations. Far from being a static document, it serves as a dynamic compliance anchor that protects businesses from litigation, financial penalties, and reputational damage. For enterprises operating under international management standards, maintaining this register is not merely a best practice; it is a foundational requirement. ## Aligning Legal Registers with ISO Standards International standards established by the International Organisation for Standardisation (ISO) place significant emphasis on compliance management. A well-maintained legislation register serves as definitive evidence that an organisation understands and actively manages its legal landscape. ### 1. ISO 9001: Quality Management Systems (QMS) While **[ISO 9001](https://ashbrookeconsultants.co.uk/iso-9001/)** focuses primarily on consistently meeting customer expectations and enhancing satisfaction, it explicitly intersects with statutory and regulatory mandates. Clause 1.1 states that the standard applies to organisations needing to demonstrate their ability to consistently provide products and services that meet both customer and applicable statutory and regulatory requirements. A legislation register ensures that the legal parameters [governing product safety](https://ashbrookeconsultants.co.uk/agriculture/hello-world-2/), consumer protection, and industry-specific manufacturing laws are clearly defined and mapped to operational quality controls. ### 2. ISO 14001: Environmental Management Systems (EMS) Under **[ISO 14001](https://ashbrookeconsultants.co.uk/iso-14001/)**, the management of environmental compliance obligations is a strict, mandatory requirement. Clause 6.1.3 demands that organisations determine and have access to the compliance obligations related to their environmental aspects. Furthermore, Clause 9.1.2 requires planned evaluations of compliance status. An environmental [legislation register provides the exact framework needed](https://ashbrookeconsultants.co.uk/governance/why-your-company-needs-a-legislation-register/) to track complex rules concerning emissions, waste disposal, hazardous material handling, and resource consumption. Without it, verifying adherence during a third-party ISO audit is virtually impossible. ### 3. ISO 18001 / ISO 45001: Occupational Health and Safety (OH&S) Historically, **OHSAS 18001** set the global benchmark for workplace safety, requiring organisations to identify and access applicable legal requirements. This standard has since been succeeded and elevated by **[ISO 45001](https://www.iso.org/standard/45001 "ISO 45001")**, which maintains an even stricter focus on legal frameworks. Clause 6.1.3 of the modern OH&S standard requires the systematic determination of legal and other requirements, while Clause 9.1.2 mandates periodic compliance evaluations. A safety-focused legislation register tracks building regulations, machine guarding standards, personal protective equipment (PPE) mandates, and workers’ compensation laws, fundamentally reducing workplace incidents and liability. ## Core Operational Benefits of a Centralised Legal Register - **Risk Mitigation:** Isolates potential compliance breaches before they result in punitive fines, operational shutdowns, or executive prosecution. Valued by regulatory bodies such as the [Health and Safety Executive](https://www.hse.gov.uk/), the [Environment Agency](https://www.gov.uk/government/organisations/environment-agency) and others. - **Streamlined Auditing:** Provides internal and external auditors with immediate, organised, and verifiable evidence of regulatory adherence. - **Operational Continuity:** Centralises specialised regulatory knowledge, ensuring [corporate compliance protocols survive leadership](https://ashbrookeconsultants.co.uk/compliance/investing-in-corporate-governance-adds-value-to-the-bottom-line-and-improves-resilience-in-uncertain-times/) transitions or personnel changes. - **Proactive Adaptability:** Establishes a systematic review cycle that alerts management to upcoming legislative adjustments, giving operations ample time to adapt. ![Legal register flow chart ](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/legislation_register_overview.jpg)## Best Practices for Execution An effective legislation register must transcend a simple list of titles. To deliver true corporate utility, it should include: - **Specific Granularity:** Reference exact sections, clauses, and amendments relevant to the business. Ensure the register entries are relevant to your business, off the shelf update services may not provide this level of detail. - **Process Mapping:** Link every legal requirement directly to an internal policy, operating procedure, or specific asset. - **Assigned Accountability:** Designate a qualified internal owner responsible for monitoring each piece of legislation. - **Evidence Log:** Maintain a digital audit trail proving when compliance was last evaluated and verified. - **Maintain the register:** once your register is in place, ensure that it is regularly maintained and updated. Laws and regulations change and your business must be aware and plan for such changes. ## Conclusion A legislation register is an indispensable component of successful [ISO 9001](https://www.iso.org/standard/9001 "ISO 9001"), ISO 14001, and ISO 45001 management systems. By transforming legal compliance from an administrative burden into an organised asset, organisations safeguard their operational integrity, validate their commitment to corporate responsibility, and build a sustainable foundation for international commercial growth. ## Need Help Implementing This? If you require expert assistance preparing or maintaining a legal register for your business, please [reach out to the Ashbrooke advisory team today](https://ashbrookeconsultants.co.uk/contact-us/). **Would you like a free copy of our [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/when-does-dsear-apply/) and environmental legal register checklist?** Checklist **Categories:** Compliance, Environment, Governance, Health and Safety, Management systems **Tags:** governance, risk --- ### [Does My Business Need to Comply with the Waste Regulations?](https://ashbrookeconsultants.co.uk/waste/does-my-business-need-to-comply-with-the-waste-regulations/) **Published:** October 5, 2026 **Author:** Administrator **Excerpt:** This guide explains the main waste obligations for businesses in England, what has changed recently, and how to check whether you are compliant. It also flags where Wales, Scotland and Northern Ireland differ. **Content:** **Short answer: yes.** If you run a business, charity or any other workplace, you produce waste, and if you produce waste, you have legal duties. The size of your business, the type of waste and where you operate change *which* duties apply, but there is no sector or headcount that switches them all off. This guide explains the main waste obligations for businesses in England, what has changed recently, and how to check whether you are compliant. It also flags where Wales, Scotland and Northern Ireland differ. ## What do we mean by “the Waste Regulations”? There is no single set of regulations called “the Waste Regulations”. Businesses are usually caught by a combination of: - **The waste duty of care** (Section 34, [Environmental Protection Act 1990](https://www.legislation.gov.uk/ukpga/1990/43/contents)), which applies to *everyone* who produces, keeps, carries, treats or disposes of business waste. - **The [Waste (England and Wales) Regulations 2011](https://www.legislation.gov.uk/uksi/2011/988/contents)**, which require businesses to take all reasonable steps to apply the waste hierarchy (prevent, reuse, recycle, recover, then dispose). - **Workplace recycling rules (“Simpler Recycling”)**, which require businesses in England to separate certain waste streams. - **Hazardous waste regulations**, which apply if you produce waste that is harmful to people or the environment. - **Producer responsibility rules**, covering packaging, electrical and electronic equipment (WEEE) and batteries, which apply depending on what you place on the market. - **Digital waste tracking**, a new system that is rolling out in phases. Which of these apply to you depends on your answers to a few simple questions, covered below. --- ## 1. The duty of care: it applies to every business If your business produces waste of any kind, the duty of care applies to you. In practice it means you must: - **Store waste safely and securely** so it cannot escape, be stolen or cause pollution. - **Only pass waste to an authorised person**, such as a registered waste carrier or a permitted site. Check the carrier’s registration on the [Environment Agency public register](https://environment.data.gov.uk/public-register/view/search-all). - **Describe the waste accurately** and complete a waste transfer note (or hazardous waste consignment note) for each transfer. Waste transfer notes should be kept for at least two years; hazardous waste consignment notes for at least three years. - **Take reasonable steps to make sure the waste is managed lawfully** after it leaves your premises. You remain responsible for your waste until it has been properly disposed of or recovered. If a “*man with a van*” takes it and tips it illegally, you can still be prosecuted. Penalties for duty of care offences can include unlimited fines, and serious cases can lead to imprisonment. --- ## 2. Workplace recycling: Simpler Recycling in England England’s Simpler Recycling reforms require workplaces to separate their waste into core streams, working with their waste collector. In broad terms these are: - **Dry recyclables** (paper and card, plastic, metal and glass) - **Food waste** - **Residual (general) waste** The key dates are: DateWho is covered**31 March 2025**Businesses and non-domestic premises with 10 or more full-time equivalent (FTE) employees**31 March 2027**Micro-firms with fewer than 10 FTE employeesPoints that catch people out: - **Headcount is counted across the whole organisation, not per site.** Three sites with five staff each is a 15-person business, not three micro-firms. - **It is not just offices and shops.** Charities, schools, care homes and other non-domestic premises are in scope. - **Staff kitchens count.** If your premises produce waste similar to household waste, the rules apply to it. - **Plastic film and bags** are due to be added to the plastic stream at a later date than originally planned. Check current guidance for the latest timetable. If you do not comply, the [Environment Agency](https://www.gov.uk/government/organisations/environment-agency) can issue compliance notices. If you are a micro-firm, the 2027 deadline is closer than it feels. Talk to your waste collector now about containers, collection frequency and contract changes. --- ## 3. Hazardous waste Many businesses produce hazardous waste without realising it. Common examples include: - Fluorescent tubes and some other lighting - Batteries - Waste oils, solvents, paints and adhesives - Asbestos - Some electrical equipment and electronic screens - Clinical and healthcare waste - Certain chemical-contaminated materials If you produce hazardous waste you must classify it correctly, keep it separate from non-hazardous waste, use a registered carrier, and complete consignment notes for each movement. Mixing hazardous waste with other waste is generally unlawful. --- ## 4. Digital waste tracking: what has just changed Digital waste tracking is designed to replace much of the paper-based system with a single national digital service, to improve traceability and tackle [waste crime](https://ashbrookeconsultants.co.uk/agriculture/large-scale-illegal-waste-crime-in-staffordshire/). - **From 1 October 2026**, operators of permitted waste receiving sites in England and Wales must record the waste they receive through the government’s digital service. Scotland and Northern Ireland have their own timetables, so check the position there. - **Waste collectors, carriers, brokers and dealers** are expected to follow in a later phase, anticipated from October 2027. - **Waste producers** have **no mandatory date yet**. For now, you must carry on completing waste transfer notes and consignment notes as normal. However, it is sensible to ask your waste contractor how they are preparing, because the data they will need from you is likely to increase. --- ![Business waste bins separated for dry recycling, food waste and general waste](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/CLO-Burial-080318-020-1024x639.jpg)*Do you know what waste your business produces?* ## 5. Producer responsibility: packaging, WEEE and batteries Separate from the day-to-day waste you throw away, you may have obligations because of what you **supply**: - **Packaging:** extended producer responsibility (EPR) rules require larger businesses that supply or handle packaging to report packaging data and pay fees. Thresholds are based on turnover and tonnage, so check whether you are in scope. - **WEEE:** businesses that sell electrical and electronic equipment have take-back and financing duties. - **Batteries:** businesses that supply batteries have their own registration and take-back duties. If you manufacture, import or sell products, take specific advice on these. --- ## 6. Does it apply outside England? Yes, although the detail differs. - **Wales:** workplace recycling regulations have applied since April 2024, requiring separate collection of core materials, including food waste. - **Scotland:** the [Waste (Scotland) Regulations 2012](https://www.legislation.gov.uk/ssi/2012/148) require businesses to present dry recyclables and, for many, food waste for separate collection. - **Northern Ireland:** separate legislation applies, including duties to segregate recyclables, with its own timetable for digital waste tracking. - **Republic of Ireland and the Isle of Man:** each has its own waste legislation, and the English rules above do not apply. If you operate across more than one jurisdiction, you need to manage each site against the local rules. --- ## A quick compliance checklist Ask yourself: 1. Do I know what types and volumes of waste my business produces? 2. Is any of it hazardous, and is it classified and segregated correctly? 3. Is my waste collector or carrier registered, and do I hold up-to-date transfer notes and consignment notes? 4. Do I separate dry recyclables, food waste and general waste as required for my size and location? 5. Have I recorded my headcount across the whole organisation to confirm which deadline applies? 6. Do my staff know what goes where? 7. If I supply packaging, electrical goods or batteries, have I checked my producer responsibility obligations? 8. Do I know what my contractor needs from me for digital waste tracking? If you cannot answer yes to all of these, a waste compliance review is a sensible next step. --- ## What happens if you get it wrong? Consequences can include compliance notices, fixed penalties, prosecution with unlimited fines, and reputational damage, particularly if your waste ends up fly-tipped or illegally dumped. Poor waste management is also frequently a [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/when-does-dsear-apply/) issue, from fire risks in poorly stored waste to manual handling injuries and exposure to hazardous substances. --- ## How we can help Waste compliance sits alongside health, safety and environmental management, and many businesses find it easier to deal with them together. We can prepare a legal register detailing each piece of waste legislation that applies to your business and what you must do to comply with it. We can also maintain this register when new legislation is introduced or your sites or operations change. **[Contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/) to find out how we can help you with your waste obligations.** *This article is general guidance and not legal advice. Legislation and deadlines change; please contact us for advice on your specific circumstances.* **Categories:** Environment, Waste **Tags:** environment, Environment Agency, recycling, waste --- ### [Do Small Businesses Need a Health and Safety Legal Register?](https://ashbrookeconsultants.co.uk/compliance/do-small-businesses-need-a-health-and-safety-legal-register/) **Published:** September 20, 2026 **Author:** Administrator **Excerpt:** In this article, we look at why the size of a business is the wrong starting point for thinking about legal compliance, and why a well-designed legal register — far from being a burden reserved for large organisations — can be one of the most practical and cost-effective tools a small business ever puts in place. **Content:** *A clear look at legal obligations, business size, and why proportionate compliance matters*. It is a question we hear often from small business owners: “*Do I really need a health and safety legal register? Surely that’s something only for large companies with big compliance teams.*” It’s an understandable assumption, but it is [not correct](https://ashbrookeconsultants.co.uk/health-and-safety/how-to-identify-health-safety-legislation-for-your-business/). [Legal obligations in health and safety](https://ashbrookeconsultants.co.uk/compliance/the-difference-between-generic-and-bespoke-legal-registers/) law are not switched on by company size — they are triggered by what a business actually does, where it does it, and the risks that activity creates. A five-person joinery workshop and a five-hundred-person office may face entirely different legal duties, regardless of which one has more employees on the payroll. In this article, we look at why the size of a business is the wrong starting point for thinking about [legal compliance](https://ashbrookeconsultants.co.uk/compliance/keeping-it-legal/), and why a well-designed legal register — far from being a burden reserved for large organisations — can be one of the most practical and cost-effective tools a small business ever puts in place. ## **What Is a Health and Safety Legal Register?** A legal register is a structured record of the [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/school-technician-lost-a-finger/) (and often environmental) legislation, regulations, and approved codes of practice that apply to a specific organisation. Rather than listing every law in existence, it identifies the ones that are actually relevant to that business’s operations, sites, and activities, and sets out what needs to be done to remain compliant with each one. Done properly, a legal register becomes a single point of reference that tells a business owner or manager, at a glance: which laws apply to us, what each one requires, how we currently meet that requirement, and where any gaps exist. ## **Legal Obligations Depend on Circumstances, Not Company Size** This is the point worth dwelling on, because it is the one most often misunderstood. UK [health and safety](https://ashbrookeconsultants.co.uk/governance/the-evolution-and-importance-of-corporate-governance-in-the-uk/) legislation is largely activity-based and risk-based rather than headcount-based. The [Health and Safety at Work etc. Act 1974](https://www.legislation.gov.uk/ukpga/1974/37/contents) and its supporting regulations apply to employers and the self-employed alike, and the specific duties that follow are shaped by factors such as: - The nature of the work being carried out (for example, construction, food handling, manual handling, or working with hazardous substances) - The premises involved and who else might be affected — employees, contractors, visitors, or members of the public - Whether specific hazards are present, such as asbestos, fire risk, electrical systems, or [work at height](https://ashbrookeconsultants.co.uk/health-and-safety/work-at-height/) - Sector-specific rules that apply regardless of business size, such as [food safety](https://ashbrookeconsultants.co.uk/food-safety/peanut-allergy-breach/), licensing, or environmental permitting requirements A single self-employed trades person using a ladder has duties under the [Work at Height Regulations](https://www.legislation.gov.uk/uksi/2005/735/contents). A two-person catering business has duties under [food hygiene and allergen legislation](https://www.legislation.gov.uk/ukpga/1990/16/contents). A small manufacturer using solvents has duties under [COSHH](https://www.legislation.gov.uk/uksi/2002/2677/contents). None of these obligations disappear because the business is small — in some cases, a smaller business with fewer resources to manage risk may need to pay closer attention, not less. In other words, the question is never really “is my business big enough for this to matter?” The question is “what do we actually do, and what does the law say about doing it safely?” A [legal register](https://ashbrookeconsultants.co.uk/governance/why-your-company-needs-a-legislation-register/) is simply the tool that answers that question clearly and keeps the answer up to date as legislation changes. ## **Why Small Businesses Benefit from a Concise, Proportionate Register** Recognising that legal duties apply regardless of size is only half the picture. The other half is that how a small business meets those duties can, and should, look very different from how a large organisation meets them. A 200-page legal register modelled on a multinational’s [compliance framework is not only unnecessary for a small business](https://ashbrookeconsultants.co.uk/waste/what-uk-waste-laws-apply-to-small-businesses/) — it is actively counterproductive. It gets opened once, filed away, and forgotten. ![Do small businesses need a health and safety legal register?](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/geisteskerker-bureaucracy-2106924_1920-1-1024x683.jpg)*A legal register should be proportionate to your business activities* A register that is built specifically for a small business, scaled to its real activities and risks, tends to work far better in practice. This is why: ### **1. It Stays Usable** A concise register lists only the legislation that genuinely applies to that business’s operations. Instead of an overwhelming, generic checklist, the owner or manager is left with a short, relevant list they can actually refer to — and act on — day to day. ### **2. It Reflects the Business as It Really Operates** A bespoke register is built around the specific sites, equipment, substances, and work activities involved, rather than a one-size-fits-all industry template. This means it captures the obligations that matter and does not waste time on ones that do not. ### **3. It Makes Gaps Visible** Because it is proportionate rather than padded out, a well-built register makes it far easier to spot where [compliance is solid and where attention is needed](https://ashbrookeconsultants.co.uk/agriculture/hello-world-2/) — an outdated risk assessment, a missing policy, a licence due for renewal — without those gaps being buried in irrelevant detail. ### **4. It Demonstrates Due Diligence** In the event of an incident, an inspection, or a client or insurer asking about compliance arrangements, a maintained legal register is tangible evidence that the business has identified its obligations and is actively managing them. For a [small business without a dedicated compliance](https://ashbrookeconsultants.co.uk/compliance/can-too-much-corporate-governance-stifle-smes/) function, this matters a great deal. ### **5. It Supports Growth Without Starting from Scratch** As a small business takes on new work, new premises, or new equipment, a legal register built with the right structure can be updated and expanded rather than rebuilt. This means compliance grows alongside the business instead of becoming a sudden, overwhelming project further down the line. ## **Building a Register That Fits Your Business** The most effective legal registers for small businesses share a few common features: they are reviewed and updated regularly to reflect legislative change, they are written in plain language rather than legal jargon, they link each legal requirement to a clear action or evidence of compliance, and they are proportionate — covering what applies, in appropriate detail, without unnecessary bulk. This is where working with a [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/vehicle-injured-guard/) consultancy adds real value. Rather than adapting a generic template, a consultancy can assess your specific activities and premises, identify the legislation that genuinely applies, and build a register that is both legally sound and genuinely usable by your team. ## **The Bottom Line** [Health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/bernard-mathews-worker-paralysed/) law does not ask how many people are on your payroll before it applies to you — it asks what risks your work creates. That means every business, regardless of size, has legal obligations worth identifying and managing properly. For small businesses, the smart response is not to ignore this reality, nor to adopt a compliance framework built for a much larger organisation. It’s to build a legal register that is concise, proportionate, and tailored to how the business actually operates — one that gets used, kept current, and genuinely supports safer, more compliant day-to-day operations. If you are unsure which legal requirements apply to your business, or you would like help building a legal register that is proportionate to your size and sector, [our team can help you](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us") get a clear, practical picture of your obligations. **Would you like a free copy of our [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/when-does-dsear-apply/) and environmental legal register checklist for UK operations?** Checklist **Categories:** Compliance, Governance, Health and Safety **Tags:** governance, Health and Safety, risk --- ### [What Businesses Need an Environmental Permit?](https://ashbrookeconsultants.co.uk/environment/what-businesses-need-an-environmental-permit/) **Published:** October 6, 2026 **Author:** Administrator **Excerpt:** If your business could pollute the air, water or land, there is a good chance it needs an environmental permit. Operating a regulated facility without one is a criminal offence, and the consequences can include unlimited fines, enforcement notices, prosecution and, in serious cases, imprisonment. **Content:** If your business could pollute the air, water or land, there is a good chance it needs an environmental permit. Operating a regulated facility without one is a criminal offence, and the consequences can include unlimited fines, enforcement notices, prosecution and, in serious cases, imprisonment. The tricky part is that “*regulated facility*” covers a far wider range of businesses than most people expect. It is not just chemical plants and landfill sites. Dry cleaners, vehicle dismantlers, farms, food manufacturers, concrete producers and even businesses running a standby generator can all fall within scope. This guide explains which businesses need an environmental permit, who regulates them, and how to work out where you stand. *A note on jurisdiction: this article focuses on England and Wales, where environmental permitting is governed by the Environmental Permitting (England and Wales) Regulations 2016. Scotland, Northern Ireland and the Republic of Ireland each operate their own regimes, detailed in a summary at the end.* ## What is an environmental permit? An environmental permit is a legal authorisation to carry out an activity that could harm the environment or human health. It sets out conditions the operator must meet, such as emission limits, monitoring requirements, waste handling rules and pollution-control measures. Permits are issued to the **operator** of the facility, meaning the person or business that controls how it runs day to day, not necessarily the landowner. An environmental permit is not the same as planning permission, an [ISO 14001 certificate](https://www.iso.org/es/norma/14001) or a [waste carrier registration](https://www.gov.uk/register-renew-waste-carrier-broker-dealer-england). Each has a separate legal purpose, and holding one does not remove the need for the others. ![What Businesses Need an Environmental Permit?](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/000_0754.jpg)*Does your business need an environmental permit?* ## Which businesses need an environmental permit? Under the [2016 Regulations](https://www.legislation.gov.uk/uksi/2016/1154/contents), you need a permit (or must register an exemption) if you operate a “regulated facility”. The main categories are below. ### 1. Industrial installations (Part A(1), Part A(2) and Part B) Larger industrial processes are regulated as installations. They are split into three tiers based on environmental risk: - **Part A(1)** installations are regulated by the [Environment Agency](https://www.gov.uk/government/organisations/environment-agency) (or [Natural Resources Wales](https://naturalresources.wales/?lang=en)). They cover the highest-impact activities such as large chemical manufacturing, refining, metals production, major energy and large-scale waste treatment. - **Part A(2)** installations are regulated by the local authority and cover emissions to air, water and land from medium-impact activities such as some glass, ceramics and surface treatment processes. - **Part B** installations are also regulated by the local authority, but focus on emissions to air only. Typical examples include petrol stations, dry cleaners, mobile crushing plant, concrete batching, coating and printing processes, wood processing and some food and animal feed manufacture. ### 2. Waste operations If you treat, store, recycle, recover or dispose of waste, you will generally need a permit. This includes: - Landfill sites - Waste transfer stations - Metal recycling and vehicle dismantling sites - Anaerobic digestion and composting facilities - Waste incineration, gasification and pyrolysis plants - Hazardous waste treatment sites Some lower-risk waste activities may [qualify for an **exemption**](https://www.gov.uk/government/collections/waste-exemption-guides), which still requires registration with the regulator and compliance with set limits on quantities and types of waste. Many businesses assume they are exempt without checking, which is a common route to enforcement action. ### 3. Combustion plants and generators Businesses running boilers, engines, turbines or generators can fall within permitting requirements depending on their thermal input. Medium combustion plants (roughly 1 to 50 megawatts thermal input) and specified generators, including some standby and backup generators, may need a permit or registration. This surprises many hospitals, data centres, manufacturers and large commercial sites. ### 4. Discharges to water and groundwater You may need a permit if you discharge anything to surface water or groundwater, including trade effluent that is not going to a public sewer, treated sewage effluent from a private system, or cooling water. Some activities that could affect groundwater, such as injecting substances into the ground, also require authorisation. ### 5. Flood risk activities Work in, over, under or near a main river, flood defence or sea defence may need a flood risk activity permit. This is relevant to construction, civil engineering, landscaping and riverside development, not just industrial operators. ### 6. Radioactive substances Businesses that keep, use or dispose of radioactive material or radioactive waste may need a permit or registration. This can include some hospitals, laboratories, industrial gauging operations and sites handling naturally occurring radioactive material. ### 7. Mining waste operations Operators that manage waste from mineral extraction, such as tailings, overburden and waste rock, fall within the regime. ### 8. Solvent emissions and other specific activities Processes using significant volumes of organic solvents (for example in printing, coating or cleaning), as well as some intensive farming operations (large pig and poultry units above set capacity thresholds), also require permits. ## Who regulates environmental permits? The regulator depends on the activity: ActivityRegulator (England)Part A(1) installations[Environment Agency](https://ashbrookeconsultants.co.uk/environment/does-the-environmental-permitting-regulations-apply-to-my-business/)Part A(2) and Part B installationsLocal authority (environmental health or environmental protection team)Waste operations and mining wasteEnvironment AgencyWater discharges, groundwater activities, flood risk activitiesEnvironment AgencyIn Wales, Natural Resources Wales takes the Environment Agency’s role. ## What happens if you operate without a permit? Operating a regulated facility without a permit, or breaching permit conditions, is an offence. Possible consequences include: - Enforcement and stop notices requiring you to cease operating - Unlimited fines in the Crown Court - Prison sentences for individuals in serious cases - Prosecution of directors and senior managers where an offence is committed with their consent or neglect - Clean-up and remediation costs - Reputational damage and difficulties with insurers, lenders and customers Regulators also publish enforcement outcomes, so a conviction is rarely a private matter. ## How to check if your business needs a permit 1. **Identify every activity on site.** Consider waste handling, combustion plant, solvent use, discharges and any [work near](https://ashbrookeconsultants.co.uk/health-and-safety/engineer-tragically-died-working-near-river/) watercourses, not just your core process. 2. **Use the official checker.** GOV.UK provides a “[check if you need an environmental permit](https://www.gov.uk/guidance/check-if-you-need-an-environmental-permit)” tool covering permits, exemptions and standard rules. 3. **Check for standard rules permits.** Many common activities can be covered by [pre-set standard rules](https://www.gov.uk/government/collections/standard-rules-environmental-permitting), which are quicker and cheaper than a bespoke permit. 4. **Speak to the** [regulator early. The Environment](https://ashbrookeconsultants.co.uk/environment/eu-vs-uk-environmental-regulation-after-brexit-a-business-guide/) Agency or your local authority can confirm whether an activity needs a permit and which type. [Pre-application advice ](https://www.gov.uk/guidance/get-advice-before-you-apply-for-an-environmental-permit)can save months and reduce wasted application documents and assessments. 5. **Keep records.** If you conclude no permit is needed, document your reasoning in case a regulator challenges it. ## What about Scotland, Northern Ireland and the Republic of Ireland? The principles are similar, but the legal framework and regulator differ: - **Scotland:** regulated by SEPA under the [Pollution Prevention and Control (Scotland) Regulations 2012](https://www.legislation.gov.uk/ssi/2012/360/contents) and the [Environmental Authorisations (Scotland) Regulations 2018](https://www.legislation.gov.uk/ssi/2018/219/contents/made). - **Northern Ireland:** regulated by the [Northern Ireland Environment Agency](https://www.nidirect.gov.uk/contacts/northern-ireland-environment-agency-niea) (NIEA) and district councils, under separate [Northern Ireland pollution prevention and control ](https://www.legislation.gov.uk/nisr/2003/46/contents/made)and waste regulations. - **Republic of Ireland:** regulated by the [Environmental Protection Agency](https://www.epa.ie/) (EPA) and local authorities, through industrial emissions licences, waste licences and waste permits. If you operate across more than one jurisdiction, you cannot assume a permit in one place covers another. ## Frequently asked questions **Do small businesses need an environmental permit?** Size does not determine whether you need one. What matters is the activity. A small dry cleaner or a small vehicle dismantler can need a permit just as a large manufacturer can. **Is an exemption the same as not needing a permit?** No. An exemption usually has to be registered, and it only applies if you stay within strict conditions. **Can I apply for a permit myself?** Yes, the operator can apply directly. For complex sites, many businesses use a consultant to prepare risk assessments, [management systems](https://ashbrookeconsultants.co.uk/governance/do-i-really-need-a-legislation-register/) and technical submissions, because errors cause delays and rejections. **How long does a permit take?** It varies widely. Standard rules permits can be relatively quick and determined within 6-8 months, while bespoke permits for complex sites can take even longer. Regulators set statutory determination periods, and incomplete applications restart the clock. **Do permits cost money?** Yes. There is typically an application charge and an annual subsistence charge, which vary by activity and risk rating. [Check the current charging scheme with the relevant regulator](https://www.gov.uk/government/publications/environmental-permits-and-abstraction-licences-tables-of-charges). ## Need help working out whether you need a permit? Getting this wrong is expensive, whether that means operating illegally or paying for a permit you did not need. At Ashbrooke Management Consultants, we help [businesses identify which legislation applies](https://ashbrookeconsultants.co.uk/health-and-safety/how-to-identify-health-safety-legislation-for-your-business/) to business operations and sites. Once identified, we compile all the [legislation into a register](https://ashbrookeconsultants.co.uk/governance/why-your-company-needs-a-legislation-register/) and include the steps required to be compliant. If you need to identify the legislation applicable to your business, please [contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). **Categories:** Environment, Waste **Tags:** environment, Environment Agency, Permitting --- ### [What Businesses Need to Comply with UK REACH?](https://ashbrookeconsultants.co.uk/health-and-safety/what-businesses-need-to-comply-with-uk-reach/) **Published:** October 7, 2026 **Author:** Administrator **Excerpt:** UK REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) is the Great Britain chemicals regulation that took over from EU REACH on 1 January 2021. It is administered by the Health and Safety Executive (HSE) as the UK REACH agency, with policy led by Defra. **Content:** If your business makes, imports or uses chemicals in Great Britain, UK REACH almost certainly affects you. Since the end of the Brexit transition period, GB has operated its own chemicals regime, separate from EU REACH, and the rules, deadlines and costs have been shifting ever since. This guide explains who UK REACH applies to, what you must do, and the practical steps to take now. ## What is UK REACH? UK REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) is the Great Britain chemicals regulation that took over from EU REACH on 1 January 2021. It is administered by the [Health and Safety Executive](https://www.hse.gov.uk/) (HSE) as the UK REACH agency, with policy led by [Defra](https://www.gov.uk/government/organisations/department-for-environment-food-rural-affairs). Its core principle is “*no data, no market*“: a substance on the GB market must be registered, and the information needed to use it safely must be available and passed down the supply chain. **Important:** UK REACH applies in England, Scotland and Wales. Northern Ireland continues to follow EU REACH under the [Windsor Framework](https://www.gov.uk/government/publications/the-windsor-framework), so businesses trading across the UK may need to comply with both systems. ![UK REACH compliance](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/10/Cleaning-Bucket-1024x709.jpg)*Does REACH apply to your business?* ## Who needs to comply? Your obligations depend on your role in the supply chain. RoleWhat it meansTypical obligations**Manufacturer**You make a substance in GBRegister substances at 1 tonne or more per year; classify and label; supply compliant safety data sheets**Importer**You bring a substance, a mixture or an article into GB from outside GB, **including from the EU**Register substances at 1 tonne or more per year; meet transitional notification or registration requirements; communicate hazards downstream**Downstream user**You use chemicals in your business activities (formulators, manufacturers, industrial and professional users)Follow the safety data sheet and exposure scenarios; check that suppliers are registered; pass information up and down the chain**Distributor / retailer**You store and sell chemicals without changing themPass on safety information; check the supply chain is compliant**Article producer / importer**You make or import products such as equipment, furniture or textilesNotify and communicate on SVHCs in articles; check restrictions applyObligations apply per legal entity, so a group with several GB companies needs to assess each one. ## The main UK REACH requirements ### 1. Registration Manufacturers and importers of substances at 1 tonne or more per year must register them with [HSE](https://www.hse.gov.uk/index.htm "HSE"). Because most businesses could not complete full registrations on day one, the government introduced transitional arrangements: - **Grandfathering:** companies that held an EU REACH registration could carry it across to UK REACH. - **Downstream User Import Notification (DUIN):** downstream users who had been importing from the EU could notify HSE and keep trading while full registration deadlines run. - **New Registration of Existing Substances (NRES):** a route for substances that were not already registered under EU REACH but were on the GB market. - **Inquiry and registration of new substances:** substances not previously on the GB market need a full registration before supply. ### 2. Transitional registration deadlines The deadlines have been pushed back twice. Defra has been developing an[ Alternative Transitional Registration model ](https://www.gov.uk/government/publications/uk-reach-alternative-transitional-registration-model-atrm/uk-reach-alternative-transitional-registration-model-atrm)(ATRm) that is intended to reduce data requirements and costs. Because the ATRm could not be legislated before the original first deadline of October 2026, the government extended the submission dates. The revised deadlines are 27 October 2029, 27 October 2030 and 27 October 2031, phased by tonnage and hazard: - **27 October 2029:** the highest tonnage and hazard band (broadly substances at 1,000 tonnes or more per year, and certain highly hazardous substances at lower tonnages) - **27 October 2030:** substances at 100 tonnes or more per year - **27 October 2031:** all other substances at 1 tonne or more per year Even with extra time, you should not wait. The detailed ATRm information requirements are still being finalised, and data gathering, supplier agreements and cost-sharing take time. ### 3. Safety data sheets and communication in the supply chain Suppliers must provide safety data sheets (SDS) that meet UK REACH requirements, and downstream users must apply the advice in them. Make sure your SDSs carry the correct GB details and that you have a process to update them when information changes. Where substances of very high concern (SVHCs) are present in articles above the threshold concentration, you must pass on information so the articles can be used safely. ### 4. Restrictions Annex 17 of UK REACH lists substances and uses that are restricted or banned. If you manufacture, supply or use a restricted substance, you [need to confirm that your use is permitted](https://ashbrookeconsultants.co.uk/environment/what-businesses-need-an-environmental-permit/) and that any conditions are met. Restrictions can apply to substances on their own, in mixtures and in articles. ### 5. Authorisation Substances of very high concern can be added to the Authorisation List (Annex 14), after which they cannot be used or placed on the GB market without authorisation. Watch the UK REACH Candidate List and the Authorisation List and check whether any of your substances are listed. ### 6. Classification and labelling UK REACH works alongside GB CLP, which governs the classification, labelling and packaging of hazardous chemicals. Suppliers must classify and label correctly, and use the GB mandatory classifications where they apply. ## Practical steps to get compliant 1. **Map your chemicals.** List every substance and mixture you make, import or use, with volumes and suppliers. 2. **Confirm your role.** Identify whether you are a manufacturer, importer, downstream user, distributor or article producer for each substance. 3. **Check your supply chain.** Ask suppliers whether they hold a UK REACH registration or notification, and get confirmation in writing. 4. **Review your transitional status.** Establish whether you have a grandfathered registration, a DUIN, an NRES submission or nothing at all. 5. **Check tonnage bands and deadlines.** Work out which deadline applies to each substance and plan backwards from it. 6. **Review safety data sheets.** Check they are current and meet UK requirements. 7. **Screen for restrictions and SVHCs.** Check your substances and products against Annex 17 and the Candidate and Authorisation Lists. 8. **Assign responsibility and keep records.** Name an owner for UK REACH, and keep evidence of your assessments and supplier correspondence. 9. **Monitor developments.** Follow HSE and Defra updates on the ATRm, fees and deadlines. ## What happens if you do not comply? Supplying or using chemicals in breach of UK REACH can lead to enforcement action by regulators, including notices and prosecution, as well as commercial risk. Non-compliant supply chains can lose market access, and customers increasingly require evidence of [regulatory compliance](https://ashbrookeconsultants.co.uk/regulatory-compliance-case-study/). ## Frequently asked questions **Does UK REACH apply if I only import from the EU?** Yes. Since 1 January 2021, substances imported from the EU into GB are treated as imports and can carry registration or notification duties. **Does UK REACH apply in Northern Ireland?** No. Northern Ireland follows EU REACH under the Windsor Framework, although businesses moving goods between NI and GB may face obligations under both regimes. **Do [small businesses](https://ashbrookeconsultants.co.uk/compliance/can-too-much-corporate-governance-stifle-smes/) need to comply?** Yes. There is no general exemption for [small businesses](https://ashbrookeconsultants.co.uk/compliance/do-small-businesses-need-a-health-and-safety-legal-register/), although the 1 tonne per year threshold means many smaller businesses fall into the downstream user category rather than registrant. **Have the deadlines changed?** Yes. The transitional registration deadlines were extended to 27 October 2029, 2030 and 2031. Check the current position with HSE or Defra before making decisions. ## How we can help UK REACH sits alongside COSHH, GB CLP and your wider health, safety and environmental duties. We can help you map relevant [legislation for your business and compile a legal register](https://ashbrookeconsultants.co.uk/governance/why-your-company-needs-a-legislation-register/). The register will also include details of how your business must comply with each piece of legislation. **[Contact us](https://ashbrookeconsultants.co.uk/contact-us/) to discuss your legal register requirements.** *This article is for general information only and is not legal advice. Regulations and deadlines change, so confirm the current position with HSE, Defra or a qualified adviser.* **Categories:** Health and Safety **Tags:** Health and Safety, REACH --- ### [When Does DSEAR Apply?](https://ashbrookeconsultants.co.uk/health-and-safety/when-does-dsear-apply/) **Published:** October 4, 2026 **Author:** Administrator **Excerpt:** DSEAR is the main piece of Great Britain's health and safety law for protecting people from the fire and explosion risks of dangerous substances at work. It requires employers to assess those risks and then eliminate or reduce them, so far as is reasonably practicable. The regulations are enforced by the Health and Safety Executive (HSE) and, for some premises, local authorities. **Content:** **Short answer: DSEAR applies whenever your work involves a substance that could cause a fire, explosion or similar energetic event.** The [Dangerous Substances and Explosive Atmospheres Regulations 2002](https://www.legislation.gov.uk/uksi/2002/2776/contents) (DSEAR) cover far more than heavy industry. Petrol, solvents, LPG, wood dust, flour and even the hydrogen given off by charging forklift batteries can bring a workplace within scope. This guide explains when DSEAR applies, which activities are excluded and what employers need to do. ## What is DSEAR? DSEAR is the main piece of Great Britain’s health and safety law for protecting people from the fire and explosion risks of dangerous substances at work. It requires employers to assess those risks and then eliminate or reduce them, so far as is reasonably practicable. The regulations are enforced by the [Health and Safety Executive](https://www.hse.gov.uk/) (HSE) and, for some premises, local authorities. ## What is a “dangerous substance” under DSEAR? A substance counts as dangerous under DSEAR if it could cause harm through fire, explosion or a similar energetic reaction. This includes: - **Flammable liquids**, such as petrol, solvents, thinners, alcohols and some paints, varnishes and adhesives - **Flammable gases**, such as LPG, propane, acetylene, hydrogen and natural gas - **Aerosols** containing flammable propellants - **Flammable solids**, such as certain metal powders - **Oxidising substances and organic peroxides**, which can feed or intensify a fire - **Self-reactive, self-heating and pyrophoric substances**, which can ignite without an obvious ignition source - **Substances that give off flammable gas on contact with water** - **Combustible dusts**, such as flour, sugar, grain, wood, paper, plastics and some metal dusts, which can form explosive clouds when dispersed in air Look at hazard pictograms and the supplier’s safety data sheets, these are a good first indicator of whether a substance is covered. ![DSEAR](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/10/DSEAR-Sign-683x1024.jpg)*Does DSEAR apply to you?* ## What is an explosive atmosphere? DSEAR is particularly concerned with explosive atmospheres. These are mixtures of air and flammable gases, vapours, mists or dusts in which, once ignited, burning spreads through the whole mixture. A small leak in a poorly ventilated room, a cloud of dust in a hopper or vapour from a spray booth can each create one. If there is also an ignition source (a spark, static electricity, a hot surface or an electrical fault), the result can be devastating. ## When does DSEAR apply to my business? DSEAR applies when dangerous substances are present at work, whether you: - Use them in a process, such as spraying, mixing, cleaning or welding - Store them, for example solvents, gas cylinders or fuel - Produce or handle them, intentionally or as a by-product (such as dust from sanding or cutting) - Transport them within or around your premises It applies regardless of business size or sector. Typical examples include: - Vehicle repair, spraying and refinishing - Woodworking, joinery and furniture manufacture - Food and drink production, milling and bakeries - Warehousing, including battery charging areas - Engineering, welding and fabrication - Waste and recycling, where dust, gases and fire risks are common - Farms, including grain stores and fuel storage - Laboratories, schools and universities - Petrol stations and fuel depots DSEAR protects employees, contractors, visitors and members of the public who could be affected by your work, and self-employed people have duties too. Small quantities can still bring DSEAR into play, although the controls needed should be proportionate to the risk. ## When does DSEAR not apply? DSEAR does not apply to some activities, which are covered by other specific legislation, including: - Areas used directly for the medical treatment of patients - Appliances burning gaseous fuel that are covered by gas appliance rules - The manufacture, handling, use, storage and transport of explosives and chemically unstable substances, which fall under explosives legislation - Mineral extraction industries, which have their own regulations - Certain forms of transport, such as use of vehicles on public roads, which have separate rules If you are unsure whether an exclusion applies to your activity, take advice before relying on it – in some cases only parts of DSEAR are disapplied. ## DSEAR or COSHH: what’s the difference? The two sets of regulations are often confused, but they address different harms. **COSHH** deals with hazardous substances that damage health, such as through inhalation or skin contact. **DSEAR** deals with substances that can cause fire, explosion and similar events. Many substances fall under both. Solvents, for example, can harm health through exposure and also burn or explode, so you may need to assess the risks under each. ## What do I need to do to comply with DSEAR? DSEAR compliance usually follows these steps: 1. **Carry out a risk assessment.** Identify the dangerous substances, how they might ignite or explode and who could be harmed. Consider the quantities, the processes, the possible ignition sources and what could go wrong. 2. **Eliminate or reduce the risk.** Substitute with a less hazardous substance where you can, reduce quantities, improve ventilation and control leaks and spills. 3. **Control ignition sources.** Use suitable equipment in hazardous areas, manage static, control hot work and keep unsuitable equipment out. 4. **Classify hazardous areas into zones.** Where explosive atmospheres may occur, areas are classed by how often and for how long they are likely to be present (zones 0, 1 and 2 for gases and vapours; zones 20, 21 and 22 for dusts). This determines the equipment that can be used there. 5. **Mark hazardous areas where necessary.** Display the explosive atmosphere warning sign at entry points. 6. **Mitigate the effects.** Use measures such as explosion relief, suppression, isolation and separation, so that harm is limited if an incident occurs. 7. **Prepare for emergencies.** Provide procedures, alarms, escape routes and equipment, and practise them. 8. **Inform, instruct and train.** Everyone who works with or near dangerous substances must understand the risks and controls. 9. **Review regularly.** Revisit your assessment when substances, processes, equipment or layouts change. ## What happens if I don’t comply? Fires and explosions involving dangerous substances can cause fatalities, life-changing injuries and major damage to property and business continuity. [HSE](https://www.hse.gov.uk/index.htm "HSE") can issue improvement and prohibition notices and prosecute, and serious breaches can bring unlimited fines or even imprisonment. Insurers may also challenge claims where a business has not assessed or controlled its risks. ## Does DSEAR apply in Northern Ireland and the Republic of Ireland? DSEAR applies in Great Britain. Northern Ireland has an equivalent set of regulations, the [Dangerous Substances and Explosive Atmospheres Regulations (Northern Ireland) 2003](https://www.legislation.gov.uk/nisr/2003/152/contents/made), and the Republic of Ireland regulates explosive atmospheres and chemical agents under its own health and safety legislation. The principles are broadly the same, but the details differ, so check the rules that apply where you operate. ## Not sure whether DSEAR applies to you? If your business stores, uses or produces flammable liquids, gases, aerosols or dusts, assume DSEAR is relevant and start by listing the substances you have and where they are. The HSE provides additional [guidance for businesses](https://www.hse.gov.uk/fireandexplosion/dsear-regulations.htm). --- *This article is general guidance and not legal advice. Requirements depend on your specific work activities and location.* **Categories:** Health and Safety **Tags:** DSEAR, Health and Safety --- ### [Does COSHH Apply to My Business?](https://ashbrookeconsultants.co.uk/health-and-safety/does-coshh-apply-to-my-business/) **Published:** October 4, 2026 **Author:** Administrator **Excerpt:** COSHH is the main piece of Great Britain's health and safety law governing hazardous substances at work. It requires employers to prevent or adequately control exposure to substances that can cause ill health, whether through breathing them in, skin contact, swallowing or contact with the eyes. **Content:** **Short answer: almost certainly, yes.** If anyone at your workplace uses, makes, handles or is exposed to substances that could harm their health, the [Control of Substances Hazardous to Health Regulations 2002](https://www.legislation.gov.uk/uksi/2002/2677/contents) (COSHH) apply to you. That covers far more businesses than most owners expect, from building sites and factories to salons, schools, care homes and offices. This guide explains what COSHH covers, who must comply, what is excluded and what you need to do. ## What is COSHH? COSHH is the main piece of Great Britain’s health and safety law governing hazardous substances at work. It requires employers to prevent or adequately control exposure to substances that can cause ill health, whether through breathing them in, skin contact, swallowing or contact with the eyes. The regulations are enforced by the [Health and Safety Executive](https://www.hse.gov.uk/) (HSE) and, for some sectors, local authorities. ## Which substances does COSHH cover? COSHH applies to a wide range of substances hazardous to health, including: - **Chemicals and products containing them**, such as cleaning products, paints, solvents, adhesives, de-greasers and disinfectants - **Fumes**, such as welding or soldering fumes - **Dusts**, such as wood dust, flour dust, silica dust from cutting stone or concrete, and cement - **Vapours, gases and mists**, such as spray mists and exhaust fumes - **Biological agents**, such as bacteria, viruses and fungi, including Legionella in water systems - **Germs that cause diseases**, such as leptospirosis (Weil’s disease) or hepatitis, where work brings people into contact with them - **Nanotechnology materials**, where hazardous - **Asphyxiating gases**, which displace oxygen Many everyday products carry hazard warning pictograms on the label. These are a good first clue that COSHH is relevant. The supplier’s safety data sheet gives the detail you need for your assessment. ### Who does COSHH apply to? COSHH places duties on **employers**, but it also protects others affected by your work. You must consider: - Your employees and agency or temporary workers - Contractors working on your premises - Visitors, customers and members of the public who could be exposed - Self-employed people, who have duties for their own protection and that of others Business size doesn’t matter. A sole trader with one employee has the same duties as a large organisation, although the paperwork and controls should be proportionate to the risk. ### Does COSHH apply to offices and low-risk workplaces? Yes, although the risks are usually lower. Offices use cleaning products, toner and printer consumables, and some have air conditioning or water [systems that need managing](https://ashbrookeconsultants.co.uk/environment/all-you-need-to-know-about-permit-management-systems/) for Legionella. You still need to consider whether any substances could cause harm. In many cases a short, sensible assessment will show that risks are low and existing controls are enough. ### What does COSHH not cover? Some hazards have their own specific regulations, so COSHH does not apply to them: - **Asbestos**, covered by the Control of Asbestos Regulations 2012 - **Lead**, covered by the Control of Lead at Work Regulations 2002 - **Radioactive substances and ionising radiation**, covered by the Ionising Radiations Regulations 2017 - **Substances hazardous only because they are explosive, flammable, or are at extreme temperature or pressure**, which are covered by other legislation such as the[ Dangerous Substances and Explosive Atmospheres Regulations 2002](https://www.legislation.gov.uk/uksi/2002/2776/contents) (DSEAR) Even where COSHH doesn’t apply, you will normally still have duties under these other regulations and under the [Health and Safety at Work etc. Act 1974](https://www.legislation.gov.uk/ukpga/1974/37/contents). ![COSHH bucket](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/10/Cleaning-Bucket-1024x709.jpg)*Do you know what chemicals are used in your business?* ### What do I need to do to comply with COSHH? In practice, COSHH compliance comes down to these steps: 1. **Assess the risks.** Identify which hazardous substances are present, who could be exposed, how and how much. Record your significant findings if you employ five or more people. 2. **Prevent or control exposure.** Where you can, eliminate the substance or substitute something safer. Otherwise use engineering controls such as enclosure or local exhaust ventilation, [safe working systems](https://ashbrookeconsultants.co.uk/compliance/safe-systems-of-work/), and personal protective equipment (PPE) only as the last line of defence. 3. **Make sure controls are used and maintained.** Local exhaust ventilation must be thoroughly examined and tested at least every 14 months, and records kept. 4. **Monitor exposure where needed.** Compare exposure against the workplace exposure limits in HSE’s [EH40 guidance](https://www.hse.gov.uk/pubns/priced/eh40.pdf). 5. **Provide health surveillance where required.** This applies where there is a risk of identifiable ill health, such as dermatitis or occupational asthma. 6. **Inform, instruct and train your people.** Workers need to understand the risks, the controls and what to do if something goes wrong. 7. **Plan for emergencies.** Have procedures for spills, accidents and incidents involving hazardous substances. 8. **Review regularly.** Revisit your assessment whenever processes, substances or work methods change. ## What happens if I don’t comply? Poor COSHH compliance can lead to serious occupational illness, including occupational asthma, dermatitis, cancers and lung disease, often with effects that appear years later. The [HSE](https://www.hse.gov.uk/index.htm "HSE") can issue improvement or prohibition notices and prosecute, with unlimited fines for serious breaches. Beyond enforcement, you face the cost of civil claims, sickness absence and reputational damage. ## Does COSHH apply in Northern Ireland and the Republic of Ireland? COSHH itself applies in Great Britain. Northern Ireland has its own equivalent, the [Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003](https://www.legislation.gov.uk/nisr/2003/34/contents/made), and the Republic of Ireland regulates chemical and biological agents under separate legislation. The core principle is the same: assess, control and review. If you operate across more than one jurisdiction, check the requirements for each. ## Not sure where you stand? If your business uses any chemicals, dusts, fumes or biological agents, assume COSHH applies and start by listing the substances you use. If you’re unsure whether your assessments are adequate, our [health and safety](https://ashbrookeconsultants.co.uk/governance/do-i-really-need-a-legislation-register/) consultants can help you review your hazardous substances, carry out COSHH assessments and put practical controls in place. --- *This article is general guidance and not legal advice. Requirements depend on your specific work activities and location.* **Categories:** Health and Safety **Tags:** COSHH, Health and Safety --- ### [Does the Environmental Permitting Regulations apply to my business?](https://ashbrookeconsultants.co.uk/environment/does-the-environmental-permitting-regulations-apply-to-my-business/) **Published:** September 30, 2026 **Author:** Administrator **Excerpt:** Operating a regulated facility without a permit, or breaching permit conditions, is a criminal offence. Penalties can include an unlimited fine and, in serious cases, imprisonment. The regulator can also issue enforcement or suspension notices, require remediation, and pursue cost recovery. Beyond the legal risk, non-compliance can affect insurance, contracts, funding and your reputation with customers who ask about environmental credentials. **Content:** If your business handles waste, discharges to water or air, runs industrial plant, or stores certain materials, the answer may well be yes. The [Environmental Permitting (England and Wales) Regulations 2016](https://www.legislation.gov.uk/uksi/2016/1154/contents) (EPR) are among the most widely applicable environmental laws in the UK, and many businesses are caught by them without realising it. Operating a regulated activity without the right permit or exemption is a criminal offence, so it’s worth checking before the regulator asks. ## What are the Environmental Permitting Regulations? The environmental permitting regulations bring several previously separate regimes under a single permitting system. Rather than applying for different licences for waste, industrial emissions and water pollution, operators deal with one framework, overseen by the [Environment Agency (EA) ](https://www.gov.uk/government/organisations/environment-agency)in England, [Natural Resources Wales (NRW)](https://naturalresources.wales/?lang=en) in Wales, or the local authority for certain lower-risk activities. The core rule is simple: if you carry out a “*regulated facility*” activity, you need an environmental permit, or you must qualify for an exemption or exclusion. ![Do the Environmental Permitting Regulations Apply to You?](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/Industrial-site-1024x683.jpg)*Does your business require an environmental permit?* ## Which activities are regulated? The regulations cover a broad range of activities. The main categories are: - **Installations:** industrial processes with the potential to pollute air, water or land, such as chemical manufacture, metal processing, intensive farming, food and drink production above certain thresholds, and waste incineration. - **Waste operations:** treating, storing, recovering or disposing of waste, including scrap metal yards, skip hire, vehicle dismantlers, waste transfer stations and composting sites. - **Mobile plant:** equipment used to treat or recover waste on different sites, such as mobile crushers. - **Water discharge activities:** releasing trade effluent or other liquids to surface water, sewers in some circumstances, or groundwater. - **Groundwater activities:** discharges or activities that could pollute groundwater. - **Medium combustion plants and specified generators:** boilers, engines and generators within certain thermal-input ranges, including standby generators used for grid services. - **Solvent emission activities:** processes using organic solvents above set thresholds, such as printing, coating and dry cleaning. - **Radioactive substances activities:** keeping or using radioactive materials, or disposing of radioactive waste. - **Mining waste operations:** managing waste from mineral extraction. ## Do I need a permit, an exemption, or nothing at all? Being in a regulated sector doesn’t automatically mean a full permit. There are usually three outcomes. **1. A bespoke permit.** Higher-risk or complex sites typically need a tailored permit with site-specific conditions, monitoring and reporting requirements. **2. A standard rules permit.** For lower-risk, well-understood activities, the regulator publishes fixed sets of conditions. These are quicker and cheaper to obtain, but you must be able to meet every rule. **3. An exemption or exclusion.** Some low-risk activities, such as certain types of waste storage, reuse or recovery, don’t need a permit but may need to be registered, and must stay within strict limits on waste type, quantity and how it’s handled. Exceeding those limits can take you out of the exemption and into unpermitted operation. A common mistake is assuming an exemption applies without checking the conditions. Quantity limits, storage time limits and waste codes all matter. ## Common situations where businesses get caught out - A manufacturer storing or treating waste on site beyond exemption limits - A builder or groundworks firm processing or crushing waste soil or rubble - A site with a large boiler or generator that reaches medium combustion plant thresholds - A business discharging site drainage or process water to a watercourse or soakaway - A company taking over a site and assuming the previous permit transfers automatically - [Businesses that only use a waste](https://ashbrookeconsultants.co.uk/waste/does-my-business-need-to-comply-with-the-waste-regulations/) carrier and assume permitting isn’t their concern, without checking the duty of care and whether the receiving site is permitted ## What if I’m not in England or Wales? Environmental permitting is devolved, so the rules differ: - **Scotland:** regulated mainly under the [Environmental Authorisations (Scotland) Regulations 2018](https://www.legislation.gov.uk/ssi/2018/219/contents/made), overseen by SEPA. - **Northern Ireland:** the [Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013](https://www.legislation.gov.uk/nisr/2013/160/contents/made), overseen by the [NIEA](https://www.daera-ni.gov.uk/articles/northern-ireland-environment-agency). - **Republic of Ireland:** a separate system of licences and permits, mainly overseen by the EPA and local authorities. If you operate across more than one jurisdiction, you can’t assume one approach fits every site. ## What are the consequences of getting it wrong? Operating a regulated facility without a permit, or breaching permit conditions, is a criminal offence. Penalties can include an unlimited fine and, in serious cases, imprisonment. The regulator can also issue enforcement or suspension notices, require remediation, and pursue cost recovery. Beyond the legal risk, non-compliance can affect insurance, contracts, funding and your reputation with customers who ask about environmental credentials. ## How to check whether the EPR apply to you 1. **List your activities.** Include not just your main process, but storage, treatment of waste, drainage, heating and power plant. 2. **Check the thresholds.** Many activities only become regulated above a certain quantity, capacity or thermal input. 3. **Identify your waste streams.** Know what you produce, how much, how long it’s kept, and where it goes. 4. **Check for existing permits or exemptions.** Confirm they are current, cover what you actually do, and that you’re meeting every condition. 5. **Get an independent view.** A competent adviser can spot gaps you may not see from the inside. ## How we can help Working out whether the EPR apply is rarely as simple as ticking a box. [Our team can review your operations](https://ashbrookeconsultants.co.uk/contact-us/), identify regulated activities, advise on whether you need a permit or qualify for an exemption, and support you through applications and ongoing compliance. Get in touch for an initial conversation about your site. *This article is general guidance and not legal advice. Requirements depend on your activities, location and circumstances.* **Categories:** Compliance, Environment **Tags:** environment, Environment Agency --- ### [The Difference Between Generic and Bespoke Legal Registers](https://ashbrookeconsultants.co.uk/compliance/the-difference-between-generic-and-bespoke-legal-registers/) **Published:** September 21, 2026 **Author:** Administrator **Excerpt:** A legal register is only as valuable as its accuracy and relevance to your organisation. A generic template can create a false sense of security — the appearance of compliance without the substance of it — and that gap tends to surface at the worst possible moment: during an incident investigation, a regulatory visit, or a client's due diligence review. A bespoke legal register, developed and maintained by health and safety professionals who understand your sector and your sites, is an investment in genuine legal certainty, not just a document for the audit file. **Content:** *Why a one-size-fits-all approach to legal compliance leaves organisations exposed — and what a register built around your actual operations gives you instead.* If your organisation is subject to health, safety, or environmental law — and almost every organisation is — you need a legal register. It’s the document that tells you which legislation applies to your operations, what it requires of you, and whether you’re actually compliant. But not all [legal registers](https://ashbrookeconsultants.co.uk/governance/why-your-company-needs-a-legislation-register/) are built the same way, and the difference between a generic template and a bespoke register isn’t cosmetic. It’s the difference between a document that looks like due diligence and one that actually protects your organisation. ## What Is a Legal Register? A legal register is a structured record of the laws, regulations, and [codes of practice](https://ashbrookeconsultants.co.uk/food-safety/food-law-code-consultation/) that apply to an organisation, typically covering health and safety, environmental, and related compliance obligations. It’s a cornerstone requirement of recognised management system standards, including [ISO 9001](https://www.iso.org/standard/9001), [ISO 45001](https://www.iso.org/standard/45001) and [ISO 14001](https://www.iso.org/standard/14001), and it’s usually the first document an [auditor](https://ashbrookeconsultants.co.uk/environment/what-an-auditor-looks-for-in-an-iso-14001-compliant-legal-register/) or regulator asks to see. On paper, every [legal register](https://ashbrookeconsultants.co.uk/compliance/what-does-an-iso-45001-legal-register-need-to-contain/) looks similar: a list of legislation, a summary of requirements, a compliance status. In practice, how that list is built determines whether the register is a genuinely useful management tool or a box-ticking exercise. ## The Trouble With Generic Legal Registers Generic [legal registers](https://ashbrookeconsultants.co.uk/bespoke-legal-registers/) are typically off-the-shelf templates or subscription database exports, built to cover an entire sector or industry in one document. They’re inexpensive, quick to obtain, and easy to see the appeal of — but that convenience comes at a real cost: - They list legislation that may have nothing to do with your actual activities, sites, or risk profile, burying the requirements that genuinely matter under dozens that don’t. - They rarely reflect the specific jurisdictions, licences, or permits your organisation holds, particularly for organisations operating across Great Britain, Northern Ireland, the Isle of Man, or the Republic of Ireland, where legal frameworks diverge significantly. - They’re built for updating on a fixed schedule rather than in response to your organisation’s changes — a new site, a new process, a new piece of equipment — so they drift out of date the moment your operations move. - They describe [legal duties](https://ashbrookeconsultants.co.uk/health-and-safety/appointing-a-competent-person/) in abstract terms, without translating them into what compliance actually looks like for your sites, your equipment, and your people. - They offer no meaningful gap analysis — you’re left to work out for yourself whether you actually comply with each requirement. The result is a register that satisfies the letter of the audit requirement — “*yes, we have a legal register*” — without doing the job a legal register exists to do: giving your organisation a clear, current, accurate picture of its legal exposure. ![Bespoke vs generic legal register, which is best? Photo courtesy of Pixabay tumisu-audit](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/tumisu-audit-4189560_1920-1024x678.jpg)*A bespoke legal register demonstrates to auditors that you actually know your legal obligations.* ## Why a Bespoke Legal Register Is the Only Register Worth Having A bespoke legal register is built from the ground up around your organisation: your sites, your activities, your industry sector, your jurisdictions, and your risk profile. Rather than starting from a generic list and hoping it fits, it starts from your operations and [identifies exactly which legislation applies](https://ashbrookeconsultants.co.uk/health-and-safety/how-to-identify-health-safety-legislation-for-your-business/) — and, critically, what that legislation actually requires you to do about it. The advantages compound quickly: - Relevance: every entry has a direct line to something your organisation actually does, so nothing important gets lost in noise that doesn’t apply to you. - Accuracy across jurisdictions: legislation is mapped to the specific jurisdiction — GB, NI, Isle of Man, or ROI — that each site operates under, rather than treated as a single homogeneous “UK law” list. - A genuine compliance status: each requirement is assessed against evidence from your organisation, so you know — not guess — where you stand, and where the gaps are. - Built-in gap analysis and action planning: a bespoke register doesn’t just flag non-compliance, it gives you a prioritised route to closing it. - Living, current content: as legislation changes or your organisation changes — a new site, a new process, an amended regulation — the register is updated to reflect it, so it never becomes a snapshot of a moment that’s already passed. - Audit and due diligence confidence: a bespoke register demonstrates, to auditors, regulators, insurers, and clients, that your organisation understands and manages its legal obligations — not that it purchased a document that says it does. **In short: a generic register tells you what the law says. A bespoke register tells you what the law means for you — and whether you’re meeting it.** FEATURES Generic Legal Register Bespoke Legal Register Identifies only relevant laws Focused on the actual business Relevant and easy to understand A practical management tool Includes sector specific requirements Demonstrates that you understand your obligations ## The Bottom Line A [legal register](https://ashbrookeconsultants.co.uk/compliance/what-happens-if-your-legal-register-is-out-of-date/) is only as valuable as its accuracy and relevance to your organisation. A generic template can create a false sense of security — the appearance of compliance without the substance of it — and that gap tends to surface at the worst possible moment: during an [incident investigation](https://ashbrookeconsultants.co.uk/health-and-safety/fatal-incident-investigation/), a regulatory visit, or a client’s due diligence review. A bespoke legal register, developed and maintained by [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/vehicle-injured-guard/) professionals who understand your sector and your sites, is an investment in genuine legal certainty, not just a document for the audit file. **If your organisation is currently relying on a generic register — or doesn’t have one at all — [talk to us about building a bespoke legal register tailored to your operations, sites, and jurisdictions.](https://ashbrookeconsultants.co.uk/contact-us/) It’s the foundation every other part of your compliance management sits on, and it’s worth getting right.** **Categories:** Compliance, Environment, Governance, Health and Safety, Management systems **Tags:** environment, governance, Health and Safety --- ### [How to Identify Which Health & Safety Legislation Applies to Your Business](https://ashbrookeconsultants.co.uk/health-and-safety/how-to-identify-health-safety-legislation-for-your-business/) **Published:** September 2, 2026 **Author:** Administrator **Excerpt:** UK health and safety law is not a single rulebook that every business follows in the same way. Instead, it's a layered system: the Health and Safety at Work etc. Act 1974 (HSWA) sets out broad duties that apply to almost every employer, while dozens of more specific regulations — made under that Act — only apply depending on what your business actually does. **Content:** UK health and safety law is not a single rule book that every business follows in the same way. Instead, it’s a layered system: the **[Health and Safety at Work etc. Act 1974](https://www.legislation.gov.uk/ukpga/1974/37/contents) (HSWA)** sets out broad duties that apply to almost every employer, while dozens of more specific regulations — made under that Act — only apply depending on what your business actually does. Many owners and managers assume that because they have done a general risk assessment, they are covered. In practice, working out your full legal obligations means looking closely at your activities, equipment, premises and workforce, not just your industry label. This article walks through the main factors that determine which UK regulations apply to your business, so you can build an accurate picture of your [legal duties](https://ashbrookeconsultants.co.uk/health-and-safety/appointing-a-competent-person/) rather than relying on guesswork. ## Start with the general duties under HSWA 1974 The [Health and Safety](https://ashbrookeconsultants.co.uk/health-and-safety/steel-company-fined-for-safety-breaches/) at Work etc. Act 1974 is the foundation of UK health and safety law. It places a general duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees, and to protect others — such as contractors, visitors and the public — who may be affected by their work. The Act also places duties on the self-employed and on those in control of premises. HSWA rarely tells you exactly what to do in a given situation. Instead, it is supported by a wide range of secondary legislation — mostly Statutory Instruments enforced by the **[Health and Safety Executive](https://www.hse.gov.uk/) (HSE)** or your **local authority** — that add specific, practical requirements. Identifying which of these regulations apply to you depends on several interacting factors. ![Houses of Parliament, London](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/pexels-david-zherdenovsky-1464601365-27253900-1024x714.jpg)### Factor 1: The nature of your work activities The single biggest driver of applicability is what your business actually does day to day. UK regulations are often built around specific hazards or types of work, meaning two businesses in the same broad sector can have quite different legal obligations depending on the tasks involved. Common examples include: - **Work at height** — triggers the [Work at Height Regulations 2005](https://www.legislation.gov.uk/uksi/2005/735/contents) (WAHR) - **Manual handling of loads** — triggers the [Manual Handling Operations Regulations 1992](https://www.legislation.gov.uk/uksi/1992/2793/contents) (MHOR) - **Use of display screen equipment (DSE)** — triggers the [Health and Safety (Display Screen Equipment) Regulations 1992](https://www.legislation.gov.uk/uksi/1992/2792) - **Work in confined spaces** — triggers the [Confined Spaces Regulations 1997](https://www.legislation.gov.uk/uksi/1997/1713) - **Noise or vibration exposure** — triggers the [Control of Noise at Work Regulations 2005](https://www.legislation.gov.uk/uksi/2005/1643/contents) and the [Control of Vibration at Work Regulations 2005](https://www.legislation.gov.uk/uksi/2005/1093/contents) - **Working with asbestos** — triggers the [Control of Asbestos Regulations 2012](https://www.legislation.gov.uk/uksi/2012/632/contents) Each of these activities brings its own dedicated regulations into scope, separate from the general HSWA duties. ### Factor 2: The substances and materials you work with If your business handles chemicals, dust, fumes, biological agents or other hazardous substances, the **[Control of Substances Hazardous to Health Regulations 2002](https://www.legislation.gov.uk/uksi/2002/2677/contents) (COSHH)** is likely to apply — regardless of your sector. This is not limited to obviously “industrial” settings; hairdressers, cleaners, print shops, laboratories and even offices using certain equipment can fall within scope. Applicability depends on the substance itself, how it is used and stored, and the level of exposure risk — not on your business type. Where lead or asbestos are involved specifically, separate dedicated regulations apply on top of COSHH. ### Factor 3: Equipment and machinery in use The **[Provision and Use of Work Equipment Regulations 1998](https://www.legislation.gov.uk/uksi/1998/2306/contents) (PUWER)** generally applies wherever machinery, tools or equipment are used for work — from industrial plant to a simple stepladder or a piece of office equipment. Where lifting equipment is involved (hoists, forklifts, lifts), the **[Lifting Operations and Lifting Equipment Regulations 1998](https://www.legislation.gov.uk/uksi/1998/2307/contents) (LOLER)** also applies, and pressure systems bring in the **[Pressure Systems Safety Regulations 2000](https://www.legislation.gov.uk/uksi/2000/128/contents)**. The trigger here is the presence and use of the equipment itself, not the sector you operate in. ### Factor 4: Your premises and how they are used The type of premises you occupy, and how they are used, brings separate legislation into play: - **Fire safety** is governed by the [Regulatory Reform (Fire Safety) Order 2005](https://www.legislation.gov.uk/uksi/2005/1541/contents), which applies to almost all non-domestic premises and places duties on the “responsible person” - **General workplace conditions** — ventilation, temperature, lighting, welfare facilities — fall under the [Workplace (Health, Safety and Welfare) Regulations 1992](https://www.legislation.gov.uk/uksi/1992/3004/contents) - **Construction work** brings in the [Construction (Design and Management) Regulations 2015](https://www.legislation.gov.uk/uksi/2015/51/contents) (CDM), which apply from the smallest domestic extension through to major infrastructure projects A business operating from a warehouse, a shop, a [construction site](https://ashbrookeconsultants.co.uk/health-and-safety/construction-site-safety/) or a shared office block may each face different obligations relating to the physical environment, even where their core work activity is otherwise similar. ### Factor 5: The size and structure of your business Some duties scale with headcount. Under the [Management of Health and Safety at Work Regulations 1999](https://www.legislation.gov.uk/uksi/1999/3242/contents), employers with five or more employees must record significant findings of their risk assessments in writing and have a written health and safety policy. Businesses below that threshold still carry the same underlying legal duty to manage risk — they simply have lighter documentary requirements. Separately, if you employ anyone, you are generally required to hold Employers’ Liability Insurance under the [Employers’ Liability (Compulsory Insurance) Act 1969](https://www.legislation.gov.uk/ukpga/1969/57/contents), with limited exemptions. ### Factor 6: Who is affected by your work UK legislation does not only protect your direct employees. HSWA and related regulations also require you to consider contractors, visitors, and members of the public affected by your activities. This is particularly relevant if you: - Invite the public onto your premises (retail, hospitality, leisure) - Send staff to work on other organisations’ sites - Manage shared workspaces where multiple employers’ activities interact The [Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013](https://www.legislation.gov.uk/uksi/2013/1471/contents) (RIDDOR) also applies broadly here — requiring certain injuries, diseases and dangerous occurrences to be reported to the HSE, regardless of whether the person affected was an employee. ### Factor 7: Your sector-specific regulatory regime Certain industries carry their own dedicated regulatory frameworks layered on top of general [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/vehicle-injured-guard/) law, including: - **Construction** — CDM Regulations 2015 - **Agriculture** — regulations covering machinery guarding, livestock handling and pesticides - **Food businesses** — food hygiene regulations sit alongside (not instead of) [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/bonfire-prosecution/) law - **Healthcare** — additional infection control and clinical waste regulations - **Transport and logistics** — drivers’ hours rules and vehicle-specific regulations These sector-specific rules typically sit alongside general legislation like HSWA and the Management Regulations, rather than replacing them. ### Factor 8: Enforcement authority and regional variation In Great Britain, enforcement is split between the [HSE](https://www.hse.gov.uk/index.htm "HSE") (typically for higher-risk sectors like construction, manufacturing and agriculture) and local authorities (typically for offices, retail and hospitality) — it is worth knowing which applies to your business, as this affects who you report incidents to and who may inspect your premises. Note also that Northern Ireland has its own health and safety legislative framework, enforced by the [Health and Safety Executive for Northern Ireland](https://www.hseni.gov.uk/) (HSENI), which mirrors but is legally separate from GB law. Businesses operating across the UK should check they are not assuming GB regulations automatically extend to Northern Ireland. ## Putting it together: a practical approach Rather than trying to memorise every regulation that might apply, it is more effective to map your business against these factors systematically: 1. **List your work activities** — every task carried out by staff, not just the “main” job. 2. **List the substances, equipment and materials involved** in each activity. 3. **Map your premises types and how each is used**, including shared or third-party sites. 4. **Check your headcount** against the five-employee threshold for written documentation. 5. **Identify who else is affected** — contractors, visitors, the public. 6. **Check for sector-specific regimes** relevant to your industry. 7. **Confirm your enforcing authority** (HSE or local authority) and whether Northern Ireland rules apply. Working through this list will usually surface a shortlist of applicable regulations that goes well beyond HSWA’s general duties alone. Because legislation is periodically updated, it is worth revisiting this exercise whenever your activities, premises or workforce change significantly — and consulting a qualified health [and safety](https://ashbrookeconsultants.co.uk/health-and-safety/radiation-breach-prosecution/) adviser or solicitor if you are uncertain how a specific regulation applies to your circumstances. Getting this right is not just about compliance for its own sake. Understanding exactly which legislation applies to your business is the foundation for building risk assessments, policies and training that address the hazards your people actually face — rather than a generic checklist that misses what matters most. Determining which legislation is applicable in your business can be complicated and time consuming, although the [Health and Safety Executive acknowledges that businesses need](https://ashbrookeconsultants.co.uk/compliance/do-small-businesses-need-a-health-and-safety-legal-register/) to identify the laws relevant to their particular industry and activities. We identify the health & safety legislation relevant to your specific activities and produce a bespoke [legislation register](https://ashbrookeconsultants.co.uk/governance/do-i-really-need-a-legislation-register/). We can also provide a regular update service so that you can focus on running your business. If you would like a quotation or more information about the services we offer, [please contact us](https://ashbrookeconsultants.co.uk/contact-us/). **Would you like a free copy of our [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/when-does-dsear-apply/) and environmental legal register checklist?** **Categories:** Health and Safety **Tags:** governance, Health and Safety, risk --- ### [What an Auditor Looks for in an ISO 14001 Compliant Legal Register](https://ashbrookeconsultants.co.uk/environment/what-an-auditor-looks-for-in-an-iso-14001-compliant-legal-register/) **Published:** September 26, 2026 **Author:** Administrator **Excerpt:** Clause 6.1.3 requires organisations to identify and have access to legal and other requirements related to their environmental aspects, and clause 9.1.2 requires ongoing evaluation of compliance against them. A weak legal register is often the first sign an auditor uses to question the rest of the environmental management system. **Content:** Just as ISO 45001 places the legal register at the centre of an Occupational Health and Safety audit, [ISO 14001 ](https://www.iso.org/es/norma/14001)auditors treat the environmental legal register the same way. Clause 6.1.3 requires organisations to identify and have access to legal and other requirements related to their environmental aspects, and clause 9.1.2 requires ongoing evaluation of compliance against them. As an auditor with over 10 years experience, I am often asked what I look for when auditing a legal register. In this article I will explain what makes a compliant legal register. A weak legal register is often the first sign an auditor uses to question the rest of the environmental management system. Here’s what they actually look for. ## **1. Coverage: Does It Match Your Environmental Aspects?** Auditors will cross-check your register against your aspects and impacts register, looking for gaps such as: - Legislation tied to specific activities — waste production and disposal, trade effluent, emissions to air, water abstraction or discharge, storage of hazardous substances - Permits and licences (environmental permits, waste carrier licences, discharge consents) and the conditions attached to them - Jurisdiction-specific law where you operate across multiple regions — for example, differences between Great Britain, Northern Ireland, the Isle of Man, and the Republic of Ireland - Producer responsibility obligations (packaging waste, WEEE, batteries) where relevant If your register lists only headline legislation ([Environmental Protection Act 1990](https://www.legislation.gov.uk/ukpga/1990/43/contents), Environmental Permitting Regulations) without the specific conditions and secondary regulations that actually apply to your sites, auditors will flag it as incomplete. ## **2. Currency: Is It Actively Monitored?** This is the most common nonconformity raised against environmental legal registers. Auditors will ask: - What process identifies new, amended, or revoked environmental legislation? - How often is the register reviewed, and who is accountable for it? - Can you evidence the last review — version history, revision log, sign-off dates? A register that hasn’t changed in years, despite known regulatory activity in your sector, signals there’s no active horizon-scanning process. Subscribing to a legislation-update service or newsletter is strong, tangible evidence here. ![ISO 14001 Legal Register: What Auditors Look For ](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/Audit-ashbrooke-office-2-1024x576.png)*Is your [ISO 14001](https://www.iso.org/standard/14001 "ISO 14001") legal register compliant?* ## **3. Evaluation of Compliance: Beyond the List** ISO 14001 clause 9.1.2 requires evaluation of compliance, not just identification of requirements. Auditors will look for: - A compliance status against each requirement (compliant / partially compliant / non-compliant) - Evidence supporting that status — permit conditions met, monitoring data, waste transfer notes, inspection records - A defined frequency for compliance evaluation, distinct from the general register review Registers where every entry is simply marked “compliant” with no supporting evidence are a red flag, especially for permitted activities where conditions carry monitoring or reporting obligations. ## **4. Traceability Into Operational Control** Auditors will sample specific legal requirements and trace them through the system to confirm they’re operationally embedded, not just listed. Expect questions like: - Is this requirement reflected in an operational control procedure, permit condition tracker, or monitoring schedule? - Do the people responsible for the activity know the legal requirement applies to them? - Is evidence of compliance readily retrievable — not just asserted? A legal register that exists in isolation from operational procedures and permit management is a common weak point. ## **5. Ownership and Process** Auditors assess the process behind the register as much as the document itself: - Who is responsible for monitoring legislative and permit changes? - What’s the escalation route when a new requirement is identified, and how quickly is it actioned? - Is legal compliance status reviewed at management review, per clause 9.3? A register maintained informally by one person, with no visibility at management review, suggests the requirement is being satisfied on paper rather than in practice. ## **6. Format Doesn’t Matter — Function Does** ISO 14001 doesn’t specify a register format. Auditors care whether it functions as a live compliance tool, not what it’s built in. A well-structured register typically includes: **Aspect****Purpose**Legislation/permit referenceIdentificationJurisdictionApplicabilitySummary of requirementInterpretationRelated environmental aspectRelevanceCompliance statusEvaluationEvidence/referenceTraceabilityDate reviewed / next reviewCurrencyOwnerAccountability## **Getting Audit-Ready** To strengthen your environmental legal register ahead of an ISO 14001 audit or surveillance visit: 1. Cross-check the register against your current aspects and impacts assessment 2. Add or refine a compliance-status column with linked evidence 3. Establish and evidence a documented review cycle 4. Ensure the register connects visibly to permit management, monitoring schedules, and management review minutes An environmental legal register that’s actively maintained, evidenced, and embedded in operational decisions is one of the clearest signs of a mature EMS — and one of the fastest wins ahead of an audit. If you need a bespoke legal register or you want your existing register reviewed, [please contact one of our team.](https://ashbrookeconsultants.co.uk/contact-us/) **Categories:** Compliance, Environment **Tags:** environment, governance --- ### [Worker injured by lathe](https://ashbrookeconsultants.co.uk/health-and-safety/worker-injured-by-lathe/) **Published:** August 17, 2022 **Author:** Administrator **Content:** A worker injured by lathe suffered lacerations to his forearm and injuries to his neck and face. Kent Auto Developments Limited, a classic Mini car part manufacturing and engineering firm based in Romney Marsh, was fined following an investigation and prosecution. On 10 August 2020, the worker was completing the process of polishing brake drums rotating on a manual metalworking lathe. The worker was applying emery cloth by hand, a practice condoned by the company, when he was drawn into the machine which resulted in lacerations to his forearm and injuries to his neck and face. Similar occurrences in Great Britain have resulted in other serious injuries to workers such as severed limbs. The incident was not reported to [Health and Safety Executive](https://www.hse.gov.uk/) (HSE), as is required under [The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013](https://www.legislation.gov.uk/uksi/2013/1471/contents/made) (RIDDOR), until three months after the incident. An investigation by the [HSE](https://www.hse.gov.uk/index.htm "HSE") found that the business had failed to implement a safe system of work in that employees had routinely polished brake drums with an emery cloth by hand on the lathe. This task is known to be dangerous due to the potential risk of entanglement of the cloth in the rotating parts of the lathe, which can result in serious personal injury. If the requirement to use emery cloth on a lathe is unavoidable, then tool posts and holding devices should be used. At Folkestone Magistrates’ Court, Kent Auto Developments Ltd pleaded guilty to breaching Section 2(1) of [The Health and Safety at Work etc Act 1974](https://www.legislation.gov.uk/ukpga/1974/37/contents) and Regulation 4(2) of The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 and was fined £12,000 and ordered to pay £6,349.34 in costs. > “We still see incidents like this, where unsafe [work practices with machinery lead](https://ashbrookeconsultants.co.uk/health-and-safety/leading-health-safety-at-work/) to injury, despite the existence of specific guidance published by HSE. > > “Workers coming into contact with machinery is the fourth biggest cause of workplace fatalities in Great Britain, with 14 people killed in the year 2020/21. Over 50,000 non-fatal injuries were reported by employers in the same year. > > “Employers should ensure that measures are taken to prevent workers from sustaining injury, where it is evident that persons are at risk of becoming entangled in machinery. It’s important that, when people do get hurt, the relevant authorities are notified so that action can be taken to prevent recurrence.” > > HSE inspector Sam Brown Work related deaths and certain injuries are required to be reported to the [Health and Safety](https://ashbrookeconsultants.co.uk/health-and-safety/vehicle-injured-guard/) Executive under RIDDOR. All deaths to workers and non-workers, with the exception of suicides, must be reported if they arise from a work-related accident, including an act of physical violence to a worker. ### **Specified injuries to workers** The list of ‘specified injuries’ in RIDDOR 2013 replaces the previous list of ‘major injuries’ in RIDDOR 1995. Specified injuries are (regulation 4): - fractures, other than to fingers, thumbs and toes - amputations - any injury likely to lead to permanent loss of sight or reduction in sight - any crush injury to the head or torso causing damage to the brain or internal organs - serious burns (including scalding) which (i) covers more than 10% of the body, or (ii) causes significant damage to the eyes, respiratory system or other vital organs - any scalping requiring hospital treatment - any loss of consciousness caused by head injury or asphyxia - any other injury arising from working in an enclosed space which (i) leads to hypothermia or heat-induced illness, or (ii) requires resuscitation or admittance to hospital for more than 24 hours ![worker injured by lathe](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/pexels-kateryna-babaieva-2760241-1024x683.jpg)Specified work-related accidents must be reported**Over-seven-day incapacitation of a worker** [Accidents must be reported where they result in an employee](https://ashbrookeconsultants.co.uk/health-and-safety/employee-looses-legs-in-accident/) or self-employed person being away from work, or unable to perform their normal work duties, for more than seven consecutive days as the result of their injury. This seven-day period does not include the day of the accident but does include weekends and rest days. The report must be made within 15 days of the accident. **Over-three-day incapacitation** Accidents must be recorded, but not reported where they result in a worker being incapacitated for more than three consecutive days. If you are an employer, who must keep an accident book under the [Social Security (Claims and Payments) Regulations 1979](https://www.legislation.gov.uk/uksi/1979/628), that record will be sufficient. **Non-fatal accidents to non-workers (e.g. members of the public)** Accidents to members of the public or others who are not at work must be reported if they result in an injury and the person is taken directly from the scene of the accident to hospital for treatment to that injury. Examinations and diagnostic tests do not constitute ‘treatment’ in such circumstances. There is no need to report incidents where people are taken to hospital purely as a precaution when no injury is apparent. **Occupational diseases** Employers and self-employed people must report diagnoses of certain occupational diseases, where these are likely to have been caused or made worse by their work: These diseases include: - carpal tunnel syndrome; - severe cramp of the hand or forearm; - occupational dermatitis; - hand-arm vibration syndrome; - occupational asthma; - tendonitis or tenosynovitis of the hand or forearm; - any occupational cancer; - any disease attributed to an occupational exposure to a biological agent. **Dangerous occurrences** Dangerous occurrences are certain, specified near-miss events. Not all such events require reporting. There are 27 categories of dangerous occurrences that are relevant to most workplaces, for example: - the collapse, overturning or failure of load-bearing parts of lifts and lifting equipment; - plant or equipment coming into contact with overhead power lines; - the accidental release of any substance which could cause injury to any person. **Gas incidents** Distributors, fillers, importers & suppliers of flammable gas must report incidents where someone has died, lost consciousness, or been taken to hospital for treatment to an injury arising in connection with that gas. Such incidents should be reported using the Report of a Flammable Gas Incident – online form. Registered gas engineers (under the Gas Safe Register,) must provide details of any gas appliances or fittings that they consider to be dangerous, to such an extent that people could die, lose consciousness or require hospital treatment. The danger could be due to the design, construction, installation, modification or servicing of that appliance or fitting, which could cause: - an accidental leakage of gas; - incomplete combustion of gas or; - inadequate removal of products of the combustion of gas. If you require health and safety advice or support for your business, [please contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Health and Safety, Prosecutions **Tags:** accident, Health and Safety, prosecutions, RIDDOR, risk, safety, work equipment --- ### [What an Auditor Looks for in an ISO 45001 Compliant Legal Register](https://ashbrookeconsultants.co.uk/health-and-safety/what-an-auditor-looks-for-in-an-iso-45001-compliant-legal-register/) **Published:** September 25, 2026 **Author:** Administrator **Excerpt:** Clause 6.1.3 requires organisations to identify and have access to the legal and other requirements relevant to their occupational health and safety management system, and to keep this information up to date. In practice, auditors treat the legal register as a litmus test for the whole management system: if it's weak, they'll assume other processes are too. **Content:** As an auditor with over 10 years experience, I am often asked what do I look for in a legal register? Your legal register is one of the first documents an ISO 45001 auditor will ask to see — and one of the easiest places to lose points if it isn’t maintained properly. Clause 6.1.3 requires organisations to identify and have access to the legal and other requirements relevant to their occupational health and safety management system, and to keep this information up to date. In practice, auditors treat the legal [register as a litmus test for the whole management system:](https://ashbrookeconsultants.co.uk/governance/do-i-really-need-a-legislation-register/) if it’s weak, they’ll assume other processes are too. Here’s what auditors actually check, and how to make sure your register holds up. ## **1. Coverage: Is It Actually Complete?** Auditors will cross-reference your register against your organisation’s activities, sites, and hazards. They’re looking for gaps such as: - Legislation relevant to specific plant, equipment, or processes (e.g. LOLER for lifting equipment, PUWER for [work equipment](https://ashbrookeconsultants.co.uk/health-and-safety/steel-company-fined-for-safety-breaches/), DSEAR if flammable substances are present) - Jurisdiction-specific law where you operate across multiple regions — for example, differences between Great Britain, Northern Ireland, the Isle of Man, and the Republic of Ireland - Sector-specific regulations, not just generic [Health and Safety](https://ashbrookeconsultants.co.uk/health-and-safety/uninsured-employer-prosecuted/) law - Environmental legislation where it overlaps with Occupational [Health and Safety](https://ashbrookeconsultants.co.uk/agriculture/staying-safe-near-cattle/) risk (waste, emissions, COMAH) A register that only lists headline Acts ([Health and Safety at Work etc. Act 1974](https://www.legislation.gov.uk/ukpga/1974/37/contents), [Management of Health and Safety at Work Regulations 1999](https://www.legislation.gov.uk/uksi/1999/3242/contents)) without the supporting regulations underneath will be flagged immediately. ![ISO 45001 Legal Register](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/erwinbosman-office-10463610_1920-1024x683.jpg)*[ISO 45001](https://www.iso.org/standard/45001 "ISO 45001") Legal Register: What auditors look for* ## **2. Currency: Is It Kept Up to Date?** This is the single most common nonconformity auditors raise. They will ask: - What is your process for identifying new, amended, or revoked legislation? - How often is the register reviewed, and who owns that review? - Can you show evidence of the last update (version control, revision log, sign-off)? Auditors are wary of registers that look identical year to year — it signals no active monitoring process exists. A dated revision history, or a subscription to a legislation-update service, is strong evidence here. ## **3. Evaluation of Compliance: Not Just a List** ISO 45001 doesn’t just require you to *identify* legal requirements — clause 9.1.2 requires you to *evaluate compliance* against them. Auditors will look for: - A clear compliance status against each legal requirement (compliant / partially compliant / non-compliant) - Evidence linking each requirement to how compliance is demonstrated (a policy, procedure, permit, inspection record, or training log) - A defined frequency for compliance evaluation, separate from the register review itself A register with no compliance column, or one where every line simply says “compliant” with no supporting evidence, will draw scrutiny. ## **4. Traceability and Accessibility** Auditors will trace a sample of legal requirements through your system to check they’re not just sitting in a spreadsheet nobody uses. Typical questions: - Is this requirement referenced in a risk assessment, procedure, or work instruction? - Do relevant staff know this requirement applies to their role? - Is the register accessible to those who need it — not locked away with one person? This is where many organisations fall down: the register exists, but there’s no visible link between it and day-to-day operational control. ## **5. Ownership and Process** Beyond the document itself, auditors assess the *process* behind it. Expect questions such as: - Who is responsible for monitoring legislative change? - What’s the escalation route when a new legal requirement is identified — how does it get actioned, and by when? - Is legal compliance a standing item in management review, per clause 9.3? A register maintained by one person with no documented process, and no visibility at management review, suggests the requirement is being met on paper only. ## **6. Format Doesn’t Matter — Function Does** ISO 45001 doesn’t mandate a specific format for the legal register. Auditors don’t care whether it’s a spreadsheet, database, or software module — they care whether it functions as a live compliance tool. That said, a well-structured register typically includes: **Aspect****Purpose**Legislation title & referenceIdentificationJurisdictionApplicabilitySummary of requirementInterpretationApplicability to the organisationRelevanceCompliance statusEvaluationEvidence/referenceTraceabilityDate reviewed / next reviewCurrencyOwnerAccountability## **Getting Audit-Ready** If you’re preparing for an ISO 45001 audit (or surveillance visit), the fastest way to strengthen your legal register is to: 1. Run a gap analysis against your current activities and sites 2. Add a compliance-status column if you don’t already have one 3. Establish a documented, evidenced review cycle 4. Make sure the register is referenced in risk assessments and management review minutes A [legal register](https://ashbrookeconsultants.co.uk/compliance/health-safety-legal-register-vs-compliance-audit-what-is-the-difference/) that’s actively maintained, evidenced, and embedded in operational decisions is one of the strongest signals of a mature management system — and one of the quickest wins in an audit. If you need a bespoke legal register or you would like your existing register reviewed, [please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). **Categories:** Compliance, Health and Safety **Tags:** governance, Health and Safety --- ### [Second Fine in Under a Year Devastates Packaging Manufacturer](https://ashbrookeconsultants.co.uk/health-and-safety/second-fine-in-under-a-year-devastates-packaging-manufacturer/) **Published:** August 24, 2026 **Author:** Administrator **Excerpt:** A plastic packaging manufacturer has been fined for the second time in less than a year after a worker suffered a severe crush injury when their hand was drawn into the rollers of a laminating machine at its site in Telford. **Content:** A plastic packaging manufacturer has been fined for the second time in less than a year after a worker suffered a severe crush injury when their hand was drawn into the rollers of an unguarded laminating machine at its site in Telford. Reflex Flexible Packaging Limited was sentenced in November 2025 after an employee died when he became trapped in an [unguarded machine](https://ashbrookeconsultants.co.uk/food-safety/dangerous-machinery-leads-to-fine/) at the company’s site in Langley Mill, Derbyshire. This latest case relates to a separate incident on 17 January 2025, at the company’s Telford premises, when a worker suffered serious injuries while cleaning an unguarded machine. ![The machine and the rag caught between two in-running rollers](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/08/Reflex-roller-machine-768x526-1.jpg)The machine and the rag caught between two in-running rollersThe worker, a laminator operative and shift supervisor employed by the company, was injured while cleaning a laminator machine at the company’s premises on Halesfield, Telford. The worker was cleaning the machine’s unguarded rollers using rags after a production run had finished. As they cleaned the machine, a rag became caught between two in-running rollers and pulled their left hand into the nip point between them. Their hand was drawn into the machine up to the wrist. A colleague immediately activated the emergency stop, allowing the worker to free their hand from the unguarded machine. They were taken to hospital with a severe crush injury. The worker underwent two operations on their left hand, spent four nights in hospital and later required physiotherapy to rebuild strength in the injured hand. An investigation by the [Health and Safety Executive (HSE)](https://www.hse.gov.uk/) found that Reflex Flexible Packaging Limited had failed to ensure effective measures were in place to prevent access to the dangerous moving parts of the laminating machine. The machine was unguarded and presented a danger. The company had failed to provide a fixed guard to prevent access to the in-running nip point between the rollers during cleaning operations. The [HSE](https://www.hse.gov.uk/index.htm "HSE") investigation also revealed that the company’s risk assessment and safe system of work were not suitable and sufficient. The cleaning operation had not been properly assessed and the risk of a worker being drawn into the machine during cleaning had not been identified. The [safe system of work](https://ashbrookeconsultants.co.uk/compliance/safe-systems-of-work/) also failed to provide clear instructions regarding the use of the foot pedal to rotate the rollers during the cleaning process. ![Photo of signage put in place following the incident.](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/08/Reflex-roller-machine-with-guidance-.png)Photo of signage put in place following the incidentHSE guidance states that employers must take effective measures to prevent access to [dangerous parts of machinery](https://ashbrookeconsultants.co.uk/food-safety/dangerous-machinery-leads-to-fine/). Where access to dangerous parts is foreseeable, employers should follow the hierarchy of control measures set out in the [Provision and Use of Work Equipment Regulations 1998](https://www.legislation.gov.uk/uksi/1998/2306/contents), giving priority to engineering controls such as fixed guarding wherever reasonably practicable. Risk assessments should consider not only normal production activities, but also tasks such as cleaning, maintenance and repair where dangerous parts may become accessible to workers. ## Work Equipment Guidance The Provision and Use of [Work Equipment](https://ashbrookeconsultants.co.uk/health-and-safety/bernard-mathews-worker-paralysed/) Regulations 1998, often abbreviated to PUWER, place duties on people and companies who own, operate or have control over work equipment. PUWER also places responsibilities on businesses and organisations whose employees use [work equipment](https://ashbrookeconsultants.co.uk/health-and-safety/recycling-company-fined-3-million/), whether owned by them or not. PUWER requires that equipment provided for use at work is: - suitable for the intended use - safe for use, maintained in a safe condition and inspected to ensure it is correctly installed and does not subsequently deteriorate - used only by people who have received adequate information, instruction and training - accompanied by suitable [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/nestle-newcastle-factory-fine/) measures, such as protective devices and controls. These will normally include guarding, emergency stop devices, adequate means of isolation from sources of energy, clearly visible markings and warning devices - used in accordance with specific requirements, for mobile work equipment and power presses Some [work equipment is subject to other health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/steel-company-fined-for-safety-breaches/) legislation in addition to PUWER. For example, lifting equipment must also meet the requirements of the [Lifting Operations and Lifting Equipment Regulations 1998](https://www.legislation.gov.uk/uksi/1998/2307/contents/made) (LOLER), pressure equipment must meet the [Pressure Systems Safety Regulations 2000](https://www.legislation.gov.uk/uksi/2000/128/contents/made) and personal protective equipment must meet the [Personal Protective Equipment at Work Regulations 1992](https://www.legislation.gov.uk/uksi/1992/2966/contents/made) (PPE). If your business or organisation uses work equipment or is involved in providing work equipment for others to use (e.g. for hire), you must [manage the risks](https://ashbrookeconsultants.co.uk/risk-management-case-study/) from that equipment. This means you must: - ensure the equipment is constructed or adapted to be suitable for the purpose it is used or provided for - take account of the working conditions and [health and safety risks](https://ashbrookeconsultants.co.uk/health-and-safety/explosion-prosecution/) in the workplace when selecting work equipment - ensure work equipment is only used for suitable purposes - ensure work equipment is maintained in an efficient state, in efficient working order and in good repair - where a machine has a maintenance log, keep this up to date - where the [safety of work](https://ashbrookeconsultants.co.uk/health-and-safety/ultimate-safety-guide-to-working-at-height/) equipment depends on the manner of installation, it must be inspected after installation and before being put into use - where work equipment is exposed to deteriorating conditions liable to result in dangerous situations, it must be inspected to ensure faults are detected in good time so the [risk to health and safety](https://ashbrookeconsultants.co.uk/governance/the-evolution-and-importance-of-corporate-governance-in-the-uk/) is managed - ensure that all people using, supervising or managing the use of work equipment are provided with adequate, clear [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/bonfire-prosecution/) information. This will include, where necessary, written instructions on its use and suitable equipment markings and warnings - ensure that all people who use, supervise or manage the use of work equipment have received adequate training, which should include the correct use of the equipment, the risks that may arise from its use and the precautions to take - where the use of work equipment is likely to involve a specific risk to [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/school-technician-lost-a-finger/) (eg woodworking machinery), ensure that the use of the equipment is restricted to those people trained and appointed to use it - take effective measures to prevent access to dangerous parts of machinery. Unguarded machinery parts can present a danger, This will normally be by fixed guarding but where routine access is needed, interlocked guards (sometimes with guard locking) may be needed to stop the movement of dangerous parts before a person can reach the danger zone. Where this is not possible, such as with the blade of a circular saw, it must be protected as far as possible and a safe system of work used. These protective measures should follow the hierarchy laid down in PUWER regulation 11(2) and the [PUWER Approved Code of Practice and guidance](https://www.hse.gov.uk/pubns/priced/l22.pdf) or, for woodworking machinery, the [Safe use of woodworking machinery: Approved Code of Practice and guidance](https://www.hse.gov.uk/pubns/priced/l114.pdf) - take measures to prevent or control the risks to people from parts and substances falling or being ejected from work equipment, or the rupture or disintegration of work equipment - ensure that the risks from very hot or cold temperatures from the work equipment or the material being processed or used are managed to prevent injury - ensure that work equipment is provided with appropriately identified controls for starting, stopping and controlling it, and that these control systems are safe - where appropriate, provide suitable means of isolating work equipment from all power sources (including electric, hydraulic, pneumatic and gravitational energy) - ensure work equipment is stabilised by clamping or otherwise to avoid injury - take appropriate measures to ensure maintenance operations on work equipment can be carried out safely while the equipment is shut down, without exposing people undertaking maintenance operations to risks to their [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/radiation-breach-prosecution/) When providing new work equipment for use at work, you must ensure it conforms with the essential requirements of any relevant product supply law (for new machinery this means the [Supply of Machinery (Safety) Regulations 2008](https://www.legislation.gov.uk/uksi/2008/1597/contents/made)). You must check it: - has appropriate conformity marking and is labelled with the manufacturer’s details - comes with a Declaration of Conformity - is provided with instructions in English - is free from obvious defects – and that it remains so during its working life If you require health, safety or environmental advice for your business, please [contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Health and Safety, Prosecutions **Tags:** Health and Safety, prosecutions --- ### [Dangerous machinery leads to fine](https://ashbrookeconsultants.co.uk/food-safety/dangerous-machinery-leads-to-fine/) **Published:** September 21, 2024 **Author:** Administrator **Excerpt:** A North London food manufacturer has been fined £150,000 for failing to prevent access to dangerous machinery. The failings came to light following a routine inspection by Britain’s workplace regulator – the Health and Safety Executive (HSE) in October 2023. **Content:** A North London food manufacturer has been fined £150,000 for failing to prevent access to dangerous machinery. The failings came to light following a routine inspection by Britain’s workplace regulator – the [Health and Safety Executive](https://www.hse.gov.uk/) (HSE) in October 2023. During the visit to Wembley-based Oriental Delight (UK) Limited, the HSE inspector identified multiple failings related to the [guarding of machinery](https://ashbrookeconsultants.co.uk/health-and-safety/second-fine-in-under-a-year-devastates-packaging-manufacturer/). Three machines were deemed unsafe due to interlocking safety devices being defeated and guards being completely removed. ![Dangerous machinery](https://ashbrookeconsultants.co.uk/wp-content/uploads/2024/09/Oriental-Delight-UK-Limited2-462x490-1.jpg)However, it was not the first time the food company had come onto HSE’s radar, with prohibition notices being issued in both 2016 and 2019. Identical dangerous machinery failings were again found at the inspection in October 2023, demonstrating that the company had not only failed to sustain improvements, but had effectively ignored the HSE’s previous enforcement action by continuing to use these machines in an unsafe manner. On 4 September 2024, at Westminster Magistrates’ Court, Oriental Delight (UK) Limited pleaded guilty to three breaches of Regulation 11(1) of The [Provision and Use of Work Equipment Regulations 1998](https://www.legislation.gov.uk/uksi/1998/2306/contents) and was fined £150,000 and ordered to pay costs of £3,020. Following the hearing, [HSE](https://www.hse.gov.uk/index.htm "HSE") Inspector Marcus Pope said: > “This case sends out a clear message to the food manufacturing industry that HSE will not hesitate to [prosecute when inspectors find serious health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/nestle-newcastle-factory-fine/) failings, particularly when previous enforcement and advice has been provided. Once again, we see how critical it is that all employers make sure they properly assess and apply effective control measures to minimise the risk from dangerous parts of machinery.” ## Dangerous machinery regulation The [Provision and Use of Work Equipment Regulations 1998](https://www.legislation.gov.uk/uksi/1998/2306/contents), often abbreviated to PUWER, place duties on people and companies who own, operate or have control over work equipment aimed at preventing dangerous machinery. PUWER also places responsibilities on businesses and organisations whose employees use [work equipment](https://ashbrookeconsultants.co.uk/health-and-safety/recycling-company-fined-3-million/), whether owned by them or not. PUWER requires that equipment provided for use at work is: - suitable for the intended use - safe for use, maintained in a safe condition and inspected to ensure it is correctly installed and does not subsequently deteriorate - used only by people who have received adequate information, instruction and training - accompanied by suitable [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/radiation-breach-prosecution/) measures, such as protective devices and controls. These will normally include guarding, emergency stop devices, adequate means of isolation from sources of energy, clearly visible markings and warning devices - used in accordance with specific requirements, for mobile work equipment and power presses Some work equipment is subject to other [health and safety legislation](https://ashbrookeconsultants.co.uk/health-and-safety/how-to-identify-health-safety-legislation-for-your-business/) in addition to PUWER. For example, lifting equipment must also meet the requirements of the [Lifting Operations and Lifting Equipment Regulations 1998](https://www.legislation.gov.uk/uksi/1998/2307/contents/made) (LOLER), pressure equipment must meet the [Pressure Systems Safety Regulations 2000](https://www.legislation.gov.uk/uksi/2000/128/contents/made) and personal protective equipment must meet the [Personal Protective Equipment at Work Regulations 1992](https://www.legislation.gov.uk/uksi/1992/2966/contents/made) (PPE). If your business or organisation uses work equipment or is involved in providing work equipment for others to use (e.g. for hire), you must manage the risks from that equipment and ensure no dangerous machinery is used. This means you must: - ensure the equipment is constructed or adapted to be suitable for the purpose it is used or provided for - take account of the working conditions and [health and safety risks](https://ashbrookeconsultants.co.uk/health-and-safety/worker-loses-part-of-hand/) in the workplace when selecting work equipment - ensure work equipment is only used for suitable purposes - ensure work equipment is maintained in an efficient state, in efficient working order and in good repair - where a machine has a maintenance log, keep this up to date - where the [safety of work](https://ashbrookeconsultants.co.uk/health-and-safety/leading-health-safety-at-work/) equipment depends on the manner of installation, it must be inspected after installation and before being put into use - where work equipment is exposed to deteriorating conditions liable to result in dangerous situations, it must be inspected to ensure faults are detected in good time so the [risk to health and safety](https://ashbrookeconsultants.co.uk/governance/the-evolution-and-importance-of-corporate-governance-in-the-uk/) is managed - ensure that all people using, supervising or managing the use of work equipment are provided with adequate, clear [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/cleveland-potash-fined-3-6m-following-accidents/) information. This will include, where necessary, written instructions on its use and suitable equipment markings and warnings - ensure that all people who use, supervise or manage the use of work equipment have received adequate training, which should include the correct use of the equipment, the risks that may arise from its use and the precautions to take - where the use of work equipment is likely to involve a specific risk to [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/school-technician-lost-a-finger/) (eg woodworking machinery), ensure that the use of the equipment is restricted to those people trained and appointed to use it - take effective measures to prevent access to dangerous parts of machinery. This will normally be by fixed guarding but where routine access is needed, interlocked guards (sometimes with guard locking) may be needed to stop the movement of dangerous machinery before a person can reach the danger zone. Where this is not possible, such as with the blade of a circular saw, it must be protected as far as possible and a [safe system of work](https://ashbrookeconsultants.co.uk/compliance/safe-systems-of-work/) used. These protective measures should follow the hierarchy laid down in PUWER regulation 11(2) and the [PUWER Approved Code of Practice and guidance](https://www.hse.gov.uk/pubns/priced/l22.pdf) or, for woodworking machinery, the [Safe use of woodworking machinery: Approved Code of Practice and guidance](https://www.hse.gov.uk/pubns/priced/l114.pdf) - take measures to prevent or control the risks to people from parts and substances falling or being ejected from work equipment, or the rupture or disintegration of work equipment - ensure that the risks from very hot or cold temperatures from the work equipment or the material being processed or used are managed to prevent injury - ensure that work equipment is provided with appropriately identified controls for starting, stopping and controlling it, and that these control systems are safe - where appropriate, provide suitable means of isolating work equipment from all power sources (including electric, hydraulic, pneumatic and gravitational energy) - ensure work equipment is stabilised by clamping or otherwise to avoid injury - take appropriate measures to ensure maintenance operations on work equipment can be carried out safely while the equipment is shut down, without exposing people undertaking maintenance operations to [risks to their health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/transport-safety-failures/) When providing new work equipment for use at work, you must ensure it conforms with the essential requirements of any relevant product supply law (for new machinery this means the [Supply of Machinery (Safety) Regulations 2008](https://www.legislation.gov.uk/uksi/2008/1597/contents/made)). You must check it: - has appropriate conformity marking and is labelled with the manufacturer’s details - comes with a Declaration of Conformity - is provided with instructions in English - is free from obvious defects – and that it remains so during its working life If you require advice on health and safety in your workplace, [please contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Food Safety, Health and Safety, Prosecutions **Tags:** Health and Safety, prosecutions, work equipment --- ### [Health & Safety Legal Register vs Compliance Audit: What is the Difference?](https://ashbrookeconsultants.co.uk/compliance/health-safety-legal-register-vs-compliance-audit-what-is-the-difference/) **Published:** September 10, 2026 **Author:** Administrator **Excerpt:** Confused about legal registers and compliance audits? Learn the difference, why you need both, and how to close your health & safety gaps. **Content:** If you have been told you need a “legal register” and separately advised to commission a “compliance audit,” you could be forgiven for wondering whether these are two names for the same thing. They are not — and understanding the difference matters, because most organisations that fall foul of a health and safety enforcement notice have one of these two documents in place but not the other. This article explains what each one actually does, how they work together, and which one your organisation needs first. ## The short answer A **[health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/vehicle-injured-guard/) legal register** identifies *which* legal requirements apply to your organisation. A **compliance audit** (or compliance evaluation) tells you *whether you are actually meeting them*. One is a map. The other is a health check against that map. You need both, but they answer different questions, and confusing them is one of the most common gaps we find when we review a client’s [health and safety management system](https://ashbrookeconsultants.co.uk/compliance/the-difference-between-generic-and-bespoke-legal-registers/). ![Health and safety consultant reviewing legal register documentation](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/07/workers.jpg)## What is a legal register? A legal register is a structured record of the [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/bonfire-prosecution/) legislation, regulations, approved codes of practice, and other legal requirements that apply to your organisation’s specific activities, sites, and operations. A good legal register will typically: - List each applicable piece of legislation (for example, the Management of Health and Safety at Work Regulations, COSHH, the [Work at Height](https://ashbrookeconsultants.co.uk/health-and-safety/work-at-height/) Regulations, or sector-specific rules) - Summarise what that [legislation requires](https://ashbrookeconsultants.co.uk/governance/why-your-company-needs-a-legislation-register/) of your organisation - Identify which parts of your business or which activities the requirement applies to - Identify the controls in place to meet the legal requirements - Be reviewed and updated as legislation changes or your operations evolve Crucially, a legal register is a **document of applicability**. It answers the question: “What law applies to us, and what does it say we must do?” It does not, by itself, tell you whether you are doing it. ## What is a compliance audit or evaluation? A [compliance audit takes the requirements identified in the legal](https://ashbrookeconsultants.co.uk/compliance/keeping-it-legal/) register (or an equivalent framework) and tests them against reality. It asks: “Are we actually meeting this requirement, in practice, today?” A compliance audit typically involves: - Site visits and observation of actual working practices - Review of documentation, records, and evidence (permits, training records, inspection logs, risk assessments) - Interviews with staff, supervisors, and duty holders - Gap analysis against each legal requirement - A findings report ranking non-conformities by risk and urgency - Recommendations and an action plan to close the gaps Where the legal register is a snapshot of obligations, the compliance audit is a live assessment of performance. It is the difference between having a checklist and actually checking the boxes — and finding out, in evidence-based detail, which ones you cannot honestly tick yet. **Legal Register** - Records applicable legislation for the organisation - Sets the bench mark for compliance - Must be regularly reviewed & updated - Identifies controls in place - Bespoke to the organisation - Can be one jurisdiction or more **Compliance Audit** - Identifies if you actually meet the legal requirements - Assesses at a specific point in time - Site visits, observations & staff interviews - Review of documentation, records, etc. - Gap analysis - Recommendations & action plan ## Why the difference matters We regularly see organisations that have invested in one of these tools and assumed it covers the other. Both mistakes carry real risk. **Legal register without an audit:** You know what the law requires, but nobody has verified whether it’s happening on the ground. This is common where a legal register was purchased as a subscription product or generated once and filed away. It creates a false sense of security — the document exists, so the box feels ticked, but there is no evidence of actual conformance if an inspector, insurer, or regulator asks for it. **Audit without a legal register:** You get a snapshot of current practice, but without a clear, maintained baseline of what should apply, the audit scope is often built from generic checklists or the auditor’s working knowledge rather than your organisation’s specific legal exposure. Gaps in obligations you did not know applied to you can be missed entirely. Used together, the legal register defines the *scope* of what to check, and the audit provides the *evidence* of whether you are meeting it. This combination is also what regulators, insurers, and courts expect to see when assessing whether an organisation exercised due diligence — a [legal register with no corroborating evidence of compliance](https://ashbrookeconsultants.co.uk/health-and-safety/what-an-auditor-looks-for-in-an-iso-45001-compliant-legal-register/) checking is a weak defence in an enforcement case or civil claim. ## How they fit into a health and safety management system Think of it as a three-stage cycle: 1. **Identify** — the legal register captures every applicable requirement 2. **Evaluate** — the compliance audit tests current practice against each requirement 3. **Act** — a corrective action plan closes the gaps the audit identifies, and the cycle repeats on a review schedule This mirrors the “Plan-Do-Check-Act” approach that underpins recognised health and safety management standards such as [ISO 45001](https://www.iso.org/standard/63787.html) and [HSG65](https://www.hse.gov.uk/pubns/priced/hsg65.pdf). A legal register alone only covers “Plan.” Without the “Check” stage — the audit — you have no mechanism to confirm the plan is working. ## Which do you need first? If your organisation does not currently have a legal register, that is the logical starting point — you cannot meaningfully audit compliance against requirements you have not formally identified. If you already have a legal register but it has not been tested against actual site practice in the last 12 months, a compliance audit should be your next step. An out-of-date or unverified register can quietly become a liability rather than an asset. ## Get a clear picture of your legal exposure and compliance status Many organisations discover during an audit that gaps have existed for months or years without anyone noticing — often because the legal register and the audit process were never properly connected. If you are not sure whether your current legal register is complete, whether your last audit was thorough enough, or where to start with either, [we can help](https://ashbrookeconsultants.co.uk/services/). We carry out legal register development, gap analysis, and full compliance audits tailored to your sector and operations, with a clear, prioritised action plan at the end of it — not just a list of problems. We have experience in a [variety of sectors](https://ashbrookeconsultants.co.uk/case-studies/) to meet your needs. **[Get in touch to arrange a no-obligation discussion about your current legal register or compliance status, and we will tell you honestly where your priorities should be.](https://ashbrookeconsultants.co.uk/contact-us/)** **Categories:** Compliance, Health and Safety **Tags:** governance, Health and Safety --- ### [All you need to know about permit management systems](https://ashbrookeconsultants.co.uk/environment/all-you-need-to-know-about-permit-management-systems/) **Published:** August 31, 2022 **Author:** Administrator **Excerpt:** If you operate a waste management facility your environmental permit requires you to have a written management system in place and in this article all you need to know about permit management systems, we explain what you need. A management system is simply a set of procedures describing what you will do to minimise the risk of pollution from the activities covered by your environmental permit. **Content:** If you operate a waste [management facility your environmental permit](https://ashbrookeconsultants.co.uk/environment/why-you-need-a-waste-audit/) requires you to have a written management system in place and in this article all you need to know about permit management systems, we explain what you need. A management system is simply a set of procedures describing what you will do to minimise the risk of pollution from the activities covered by your environmental permit. If you have a waste permit that was granted before 6 April 2008 that does not require you to have a working plan or management system, you will still need to manage and operate your waste activity in line with a written management system. If you are applying for: - a standard rules permit, the risks are identified in the generic risk assessment - a bespoke permit, you will have identified the risks by carrying out your risk assessment ![All you need to know about permit management systems](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/Permit-Management-Sys-Banner-Blue-1024x512.webp)ISO 14001, BS 8555, EMAS: Which system is best for your business?## **All you need to know about permit management systems** Your [risk assessment will be part of your management](https://ashbrookeconsultants.co.uk/risk-management-case-study/) system. You must submit a summary of your management system as part of your application if you are applying for a bespoke permit. You do not need to do this if you submit a [B6.5](https://www.gov.uk/government/publications/application-for-an-environmental-permit-part-b65-discharging-up-to-15m3-a-day-into-ground-or-up-to-20m3-a-day-to-surface-water) or [B6.6](https://www.gov.uk/government/publications/form-epb-environmental-permit-for-existing-small-sewage-discharges) application form for a standalone water discharge or a groundwater activity, but you must have your management system in place before you start operating. You do not have to submit a summary of your management system if you are applying for standard rules permits, but you must have your management system in place before you start operating. Your management system will normally be reviewed on the pre-operation site visit by an officer from the [Environment Agency](https://www.gov.uk/government/organisations/environment-agency). Where you are applying for a standard rules permit for waste activities and plan to store combustible waste, you will need to submit a [fire prevention plan](https://www.gov.uk/guidance/develop-a-management-system-environmental-permits#fire-prevention-plans) as part of your application. Our consultants can provide advice and support in developing a fire prevention plan and have successfully submitted many plans on behalf of clients which have been approved by the [Environment Agency](https://ashbrookeconsultants.co.uk/environment/proven-skip-boss-receives-a-suspended-prison-term/). If you require advice and support with your fire prevention plan, [please contact one of the Ashbrooke team.](https://ashbrookeconsultants.co.uk/contact-us/) Once you are operating you must implement your management system, or you will be in breach of your permit. ## **What to put in your permit management system and how to organise it** The amount of information you will need in your management system will depend on how complicated and risky your activities are. If your permit is for low-risk activities, for example a small sewage treatment works, your management system can be simple. If you have a number of permits they may be covered by an overall management system. You may carry out certain things in the same way at different permitted sites and you may also have site specific procedures. You need to be able to explain to the regulator what happens at each site and which parts of the overall management system apply to each facility. For example, at some sites you may need to show you are carrying out additional measures to prevent pollution because they are nearer to sensitive locations than others. Our consultants recently supported a client who was near to a site of special scientific interest (SSSI) which required additional measures in both the management system and the fire prevention plan. ## **How to develop your permit management system** You can develop and maintain your own management system or use an environmental management system scheme or standard. If you have a larger site or carry out a more complex activity (like installations and waste operations dealing with hazardous waste), the [Environment Agency](https://ashbrookeconsultants.co.uk/environment/waste-exports-prosecution/) prefers management systems based on a recognised standard and independently checked by an accredited body. An environmental management system may be certified against a standard such as [ISO 14001](https://www.iso.org/iso-14001-environmental-management.html). The organisation or individual carrying out certification may be accredited by a National Accreditation Body such as the [UK Accreditation Service](https://www.ukas.com/) (UKAS). Using an accredited certified management system is not a guarantee that you will meet all of your permit conditions. You are still responsible for implementing your system effectively and making sure you comply with each permit condition. This is where our consultants can provide value to your operations in ensuring that any system is relevant to your permit operation and is efficient and effective. However, the independent checks carried out for an accredited certified scheme or standard should result in greater confidence in your management system, and in your management of compliance. This may lead to fewer checks from the [Environment Agency](https://ashbrookeconsultants.co.uk/agriculture/urgent-need-to-work-with-nature/) under the operator and performance risk assessment methodology (OPRA). Independent inspections and audits will also provide some assurance to the company board and senior managers that procedures are implemented and being followed in practice. When applying for an environmental permit you will need to detail on the application form if you are using any of the following as the basis for your management system: - [ISO 14001:2015](https://www.iso.org/standard/60857.html) - [Green Dragon](https://www.groundwork.org.uk/green-dragon/) - phases 1 to 5 of [British Standard (BS) 8555](https://shop.bsigroup.com/ProductDetail?pid=000000000030339300) - [BS EN ISO 14005:2019](https://shop.bsigroup.com/ProductDetail/?pid=000000000030351768) - [EMAS Global](https://ec.europa.eu/environment/emas/join_emas/emas_global_en.htm) ## **Prepare your permit site infrastructure plan** If you are applying for a permit for a standalone water discharge activity or a point source standalone groundwater activity, you only need to read the section on ‘[Water discharge and groundwater activity](https://www.gov.uk/guidance/develop-a-management-system-environmental-permits#water-discharge)’. Your management system must include a plan of your site, drawn to scale. The plan must highlight where you do the activities covered by your permits (and any exemptions you have registered). The plan can become incredibly detailed as the regulator lists all the features which must be included. Often you may need to produce a number of plans in order to include all the features that are required. ## **Waste, installations and mining waste permits** So far in this article, all you need to know about permit management systems, we have looks at the general requirements of a system. However, there are some specific requirements for waste installations and mining permits. In these cases your plan must also show any: - buildings, and other main constructions, like treatment plants, incinerators, storage silos and security fences - storage facilities for hazardous materials like oil and fuel tanks, chemical stores, waste materials - location of items for use in accidents and emergencies, like absorbants for chemical spills - entrances and exits that can be used by emergency services - points designed to control pollution, for example inspection or monitoring points - trade effluent or sewage effluent treatment plants - effluent discharge points - land that you believe is contaminated, for example areas of your site that have previously been used for industrial purposes ## **Permit sites near vulnerable locations** Your plan must also show areas particularly vulnerable to pollution that are on or near to your site, for example: - rivers or streams - groundwater used for drinking water - residential, commercial or industrial premises - areas where wildlife is vulnerable or protected Use the Environment Agency’s [risk assessment guide](https://www.gov.uk/guidance/risk-assessments-for-your-environmental-permit) to help you think about areas that are vulnerable to pollution. If having read this all you need to know about permit management systems article you are unsure what to include, our consultants can provide further advice and support. ## **Drainage** The plan must show your foul and combined drainage facilities marked in red and your surface water drainage, facilities marked in blue. It must also show: - the direction of flow of the water in the drain - the location of discharge points to the sewer, watercourse or soakaway - the location of manhole covers and drains - the location of stop and diverter valves and interceptors ## **Water, gas, electricity** Your plan must show the location of mains water, gas and electricity supplies on your site, including: - the mains water stop tap - gas and electric isolating valves and switches - the routes for gas, electricity and water supplies around your site – electric wiring and gas and water pipes must be labelled on the plan ## **Water discharge and groundwater activity** If you are applying for a permit for a standalone water discharge activity or a point source standalone groundwater activity your site plan must show: - your wastewater treatment plant - monitoring points – the locations from which you will take samples to check for contaminants or pollutant substances as required by your permit - the location of emergency equipment - the location of any mitigation measures referred to in your management system - the outlet to surface water (standalone water discharges only) - the infiltration system (standalone groundwater activity only) If you are applying for a permit for a standalone groundwater activity where you are land spreading, your site plan must show: - the field locations for spreading - monitoring points – the locations from which you will check your discharge for contaminants or pollutant substances as required by your permit - the location of emergency equipment - the locations of any pollutant storage areas linked to your permit ## **Permit site operations** As a permit holder, you must break down the operations that will be carried out on your site during start up, normal operation and shut down, into a list of activities and processes, for example unloading waste, storing waste, incinerating waste. For waste, mining waste, and installations, you should list the wastes that will be produced by each activity or process. Finally, list the steps you will take to prevent or minimise [risks to the environment](https://ashbrookeconsultants.co.uk/agriculture/hello-world-2/) from each activity or process and type of waste. Be specific about the actions you will carry out to do this. For water discharge and point source groundwater activities, this will normally be the operation of a wastewater treatment works or effluent treatment equipment that is part of your activity and included in the permit. ## **If you manage, treat or dispose of waste** If you are a waste operator you must include a waste storage plan that states: - the longest amount of time that you will store each type of waste - how you will make sure you will not exceed these time limits – you need to consider your emissions when deciding how long you can store types of waste for - the maximum amount of each type of waste you will store in terms of volume - the maximum height of each storage pile on site - how you will identify the specific types of waste you are storing - how you will separate different types of waste if required, for example how far apart you will keep [waste types that cannot be mixed](https://www.gov.uk/managing-your-waste-an-overview/storage) - how you will make sure your site only takes waste that your permit allows you to store ## **Fire prevention plans** If you need a permit for waste activities and you plan to store combustible waste, you will need to write a fire prevention plan and submit it with your application. This must explain how you would prevent fire at your site or manage risks from fire if one occurs. You should note that following the increase in waste facility fires in recent years, the [Environment Agency](https://ashbrookeconsultants.co.uk/agriculture/agency-has-downgraded-pollution-prosecutions/) has significantly strengthened its guidance on fire prevention plans and any plan submitted for approval must be robust. The regulator also charged an assessment fee per hour where existing permit operators need to produce a fire prevention plan. If plans are not approved on the first submission, the costs can increase significantly as the regulator re-assesses each version submitted for approval. Our consultants can provide advice and support in developing a fire prevention plan and have successfully submitted many plans on behalf of clients which have been approved by the [Environment Agency](https://ashbrookeconsultants.co.uk/environment/1-2m-fine-for-water-company/). If you require advice and support with your fire prevention plan [please contact one of the Ashbrooke team.](https://ashbrookeconsultants.co.uk/contact-us/) ## **Site and equipment maintenance plan** You need a plan for how you will maintain the infrastructure of your site and any machinery. You must maintain any machinery according to the manufacturers’ or suppliers’ recommendations (for example, following the instructions and guidelines of any manuals that came with your equipment). The maintenance plan is also referred to as a maintenance schedule. You will need to record each time you carry out maintenance, for example, each time you check the calibration of monitoring equipment to make sure it meets the manufacturer’s recommendations. Records can be specific to the equipment, on a daily or weekly checklist or for very small operations, you could record maintenance tasks in a site diary. ## **Contingency plans** You need a plan for how you will minimise the impact on the environment of any: - breakdowns - enforced shutdowns - any other changes in normal operations, for example due to extreme weather ## **Accident prevention and management plan** You need a plan for dealing with any incidents or events that could result in a pollution or where you are not able to comply with your permit. The plan must identify potential accidents, for example: - equipment breakdowns - enforced shutdowns - fires - vandalism - flooding - any other incident which causes an unexpected change to normal operations, such as extreme weather For each potential incident, it must also state the: - likelihood of the accident happening - consequences of the accident happening - measures you’ll take to avoid the accident happening - measures you’ll take to minimise the impact if the accident does happen Your accident plan must also say how you will record, investigate and respond to accidents or breaches of your permit. Your accident plan must also include: - the date it was reviewed - when it will next be reviewed - a list of emergency contacts and how to reach them - a list of substances stored at your site, and your storage facilities - forms to record accidents on Consider taking the following actions, if you think they are relevant to the operations you carry out at your site: - make emergency services aware of your activities - take out insurance to cover the cost of clean-up following an accident - [check whether you are in a flood risk area](http://planningguidance.planningportal.gov.uk/blog/guidance/flood-risk-and-coastal-change/flood-zone-and-flood-risk-tables/table-1-flood-zones/) and [sign up for flood warnings](https://www.gov.uk/sign-up-for-flood-warnings) - develop a system to allow access to important information away from your site ## **Online security: protect your business** You can take some simple steps to protect your business against online security threats. Good online security will help make sure your business does not cause pollution. Any pollution that does occur is your responsibility as the permit holder. See the [National Cyber Security Centre website](https://www.ncsc.gov.uk/) for guidance about online security which is becoming an increased risk for many businesses. This will be particularly important where you have waste processing or environmental monitoring equipment controlled by computers. ## **Contact information for the public** If you have a waste or an installation permit, you must display a notice board at or near the site entrance telling the public about the site. It must include: - the permit holder’s name (company name at least) - an emergency contact name and telephone number - a statement that the site is [permitted by the Environment Agency](https://ashbrookeconsultants.co.uk/environment/serious-waste-offences/) - the permit number - Environment Agency telephone number 03708 506506 and the incident hotline 0800 807060 (or another number we subsequently tell you about in writing) A notice board is optional for other permits and will depend on whether you consider that the public will need to see emergency contact information at your site. ## **A changing climate to consideration** The Met Office [climate projections for the UK](https://www.metoffice.gov.uk/research/approach/collaboration/ukcp/index) suggest that we can expect: - higher average temperatures – particularly in summer and winter - more heat waves and hot days - rising sea levels - changes in rainfall patterns and intensity - more storms It is important you consider if a changing climate could affect your operations, including how this might affect your ability to comply with your permit. Plan for negative climate impacts on how you operate now, during and after any transition to [net zero](https://www.gov.uk/government/publications/net-zero-strategy). Include the associated risks to local communities and the environment. These impacts and risks may change over the lifetime of the activity. Plan for the impacts of multiple events, such as supply chain failure and extreme weather, happening at the same time. Plan to complete changes to ensure your operations remain resilient at stages along a [climate projection](https://www.theccc.org.uk/publication/independent-assessment-of-uk-climate-risk/) of at least a 2°C global mean temperature rise by 2050. Do this by following and regularly updating your climate change risk assessment. Also, assess what further requirements may be necessary along a projected 4°C rise by 2100. You do not need to assess risks or plan actions beyond the end of the life of your activity. To anticipate and prevent risks to local communities and to the environment, plan to test the effectiveness of your: - actions - policies - procedures - assessments Finally, plan timely reviews and revisions in response to new information or learning. Use the [adapting to climate change: industry sector examples for your risk assessment](https://www.gov.uk/government/publications/adapting-to-climate-change-industry-sector-examples-for-your-risk-assessment) when developing or reviewing your management system. You may also wish to follow or adopt [ISO 14090:2019](https://www.iso.org/obp/ui/#iso:std:iso:14090:ed-1:v1:en) and associated standards to help you to do this. ## **Complaints procedure** You need a procedure that records: - any complaints you receive in relation to activities covered by your permit (for example complaints from neighbours about noise, odour or dust from your site) - how you investigate those complaints - any actions taken as a result of complaints ## **Managing staff competence and training records** You need to have enough staff and resources to make sure the site is run effectively in order to comply with your permit. Your management system needs to explain who is responsible for what procedures and who is technically competent. For each of your managers, staff and contractors make a list of any roles they carry out that relate to activities covered by your permit. You will also need a procedure to: - check your staff and contractors have taken the training or qualifications required for the work they do - record any training, refresher training or qualifications taken by your staff or contractors If you have a permit for a waste, mining waste or installations permit you also need to [look at legal operator and competence requirements](https://www.gov.uk/guidance/legal-operator-and-competence-requirements-environmental-permits). Our consultants can provide on site training for staff on all aspects of environmental permit compliance and [ISO 14001](https://www.iso.org/standard/14001 "ISO 14001") requirements. If you require training advice and support, [please contact one of our team.](https://ashbrookeconsultants.co.uk/contact-us/) ## **Keeping records** You must keep any records required by your permit. In some cases, the permit will tell you how long to keep a record for. Otherwise, you must consider how long you’ll need to keep different records for (and write this in your management system). You must keep records to show how your management system is being implemented in line with the requirements of your permit and this guide. You need to keep: - permits issued to the site - other legal requirements - your risk assessment - all management system plans - any plans required by the application or permit depending on your type of activity (for example odour management plan at waste sites) - all operating procedures - staff competence and training (for example qualifications, courses attended) - emissions and any other monitoring undertaken (for example water samples) - compliance checks, findings of investigation and actions taken - complaints made, findings of investigation and actions taken - audits of management system, findings (reports) and actions taken - management reviews and changes made to the management system - where applicable, certification audit reports and any actions carried out You also need to include copies of your plans with your management system if: - your permit requires you to implement an approved plan - you have been asked to do this because there’s a problem at your site ## **If you manage, treat or dispose of waste** If you are a waste operator you must record the following for each delivery of waste to your site: - its quantity (weight or volume) - its [List of Waste (LoW) Code](https://www.gov.uk/how-to-classify-different-types-of-waste) - its origin (for example, the location the waste sent from) - the identity of the producer of the waste (for example the company name) - the date the waste arrives at your site - the date the waste was first produced, if the waste is likely to cause odour - any quarantined materials that are part of the delivery, and what you did with them You must also: - keep records to show that you are meeting your [duty of care requirements](https://www.gov.uk/managing-your-waste-an-overview) as a business that produces waste - comply with the site record and return [requirements for hazardous waste](https://www.gov.uk/dispose-hazardous-waste) ## **Waste, mining waste or installations** If you have a permit for waste, mining waste or installations you will need to [have a site condition report](https://www.gov.uk/government/publications/environmental-permitting-h5-site-condition-report) to record the condition of land or quality of groundwater on your site. Keep this up to date through the life of your permit and include the following information: - details of any historic spills or contamination (incidents that took place before you began operating) and what was done in response to those incidents - evidence of the effectiveness of any measures you have taken to protect land or groundwater since you started operating If you want to cancel (surrender) your permit, you will need to show you have taken the necessary measures to avoid any pollution risk from your activities. You also need to show that you have returned the site to a satisfactory state. This means that the condition of land and groundwater has not deteriorated as a result of your activities. Our consultants can provide advice and support drafting site condition plans for permit applications as well as updating condition plans for site permit surrenders. If you require site condition plan advice and support, [please contact one of our team.](https://ashbrookeconsultants.co.uk/contact-us/) ## Individual subject management plans Sites for waste, mining waste or installations may have to include the following plans: - an odour management plan - an [emissions management plan](https://ashbrookeconsultants.co.uk/compliance/the-essential-guide-to-environmental-permit-management-systems/) - a noise and vibration management plan - a pests management plan It is also worth noting that the Environment Agency when assessing the above plans, may use different officers to assess each individual plan. Therefore, the Agency will require odour, emissions, noise and pest plans to be separate standalone documents. Unfortunately, this does result in duplication and additional work. Agency permit application assessment officers could be based anywhere in England and will often not be familiar with the local area around your site, so it is important to include all relevant details. Jacksons can provide advice and support in drafting these types of management plans for permit applications and permit modifications. If you require advice and support, [please contact one of our team.](https://ashbrookeconsultants.co.uk/contact-us/) ## **Review your permit management system** You must have a procedure for checking you are complying with your permit, procedures and management system. Record what checks are carried out, who did them and what action was taken. You must review and update your management system: - when you make changes to your site, operations or equipment that affect the activities covered by your permit, for example if you install a new boiler - whenever you apply to change (‘vary’) your permit - after any accident, complaint or breach of your permit - if you encounter a new environmental problem or issue, and have implemented new control measures to control it If you have [ISO 14001](https://ashbrookeconsultants.co.uk/iso-14001/), then it is a requirement to carry out a management review at set periods, often annually, in order to review your environmental objectives, the results of internal and external audits, etc. You must keep a record of changes to your management system, particularly major changes such as: - a change to the maximum amount of waste stored on your site - a new noise screen - new waste treatment equipment, for example a Trommel - implementation of new control measures The [Environment Agency may also review your management system](https://ashbrookeconsultants.co.uk/governance/risk-management-in-the-uk/) and make recommendations for improvements after any accident, permit breach or other incident. It may also ask you to improve your management system if it thinks you have not identified or minimised risks from pollution. Our consultants have considerable experience in liaising with the [Environment](https://ashbrookeconsultants.co.uk/environment/new-environmental-strategy-published/) Agency on behalf of clients regarding environmental permit issues. ## **Site closure** It is no longer possible to simply hand your environmental permit back when you stop operating. You must submit an application to surrender your permit to the Environment Agency. You will have a period of site closure from when you stop operating until you are able to cancel (surrender) your permit if you have a permit for a: - landfill - category A mining waste facility During this time, you will need to continue to monitor emissions from your site. You will need to submit the site closure parts of the [site condition report](https://www.gov.uk/government/publications/environmental-permitting-h5-site-condition-report) when you stop operating. ## **Make sure people understand what you do** Your staff must have access to and understand any sections of the management system that deal with activities they carry out. It is up to you how you do this, for example whether you print the system out, or provide electronic copies. You must be able to show the Environment Agency your management system if asked. If you have an overarching management system for a number of sites, you can provide both: - an overview or summary of the whole system - copies of the sections that relate to the activity type or aspect of the management system that the Environment Agency has asked about Consider whether you need to provide information to interested parties such as neighbours and your local community to explain how you manage your activities to comply with your permit. ## **Conclusion** If you operate a [waste management facility your environmental permit](https://ashbrookeconsultants.co.uk/environment/environment-agency-to-prioritise-permits/) requires you to have a written management system in place and in this article all you need to know about permit management systems, we explain what you need. A management system is simply a set of procedures describing what you will do to minimise the risk of pollution from the activities covered by your environmental permit. If you are applying for an environmental permit, you will need to detail on the application form if you are using any of the recognised standards as the basis for your management system. If you have a larger site or carry out a more complex activity (like installations and waste operations dealing with hazardous waste), the Environment Agency prefers management systems based on a recognised standard and independently checked by an accredited body. The management system must include all the elements detailed in the [Environment Agency’s](https://ashbrookeconsultants.co.uk/environment/tcm-attendance-changes/) guidance as well as separate plans and drawings to support the permit application. If you require advice and support with your permit application or modification, [please contact one of the Ashbrooke team.](https://ashbrookeconsultants.co.uk/contact-us/) **Categories:** Environment, Governance, Management systems, Waste **Tags:** environment, Environment Agency, governance, ISO 14001, management systems --- ### [What Happens if Your Legal Register is Out of Date?](https://ashbrookeconsultants.co.uk/compliance/what-happens-if-your-legal-register-is-out-of-date/) **Published:** September 19, 2026 **Author:** Administrator **Excerpt:** The key risk of an outdated legal register is that it gives executive management a false picture of the organisation’s true legal obligations and actual compliance level. While an outdated register may not immediately lead to criminal prosecution, relying on obsolete legal information creates subtle, compounding vulnerabilities across operational management, internal auditing, and ISO management systems. **Content:** A **legislation register**—or legal register—serves as the compliance anchor of an organisation’s corporate governance structure and management system. Designed to identify, organise, and monitor all statutory duties and regulatory obligations applicable to an organisation’s operations, it acts as the baseline for legal adherence. However, maintaining a legal register is not a one-time administrative task; it requires active upkeep to retain its utility. The key [risk of an outdated legal register](https://ashbrookeconsultants.co.uk/agriculture/hello-world-2/) is that **it gives executive management a false picture of the organisation’s true legal obligations and actual compliance level**. While an outdated register may not immediately lead to criminal prosecution, relying on obsolete legal information creates subtle, compounding vulnerabilities across operational management, internal auditing, and ISO [management systems](https://ashbrookeconsultants.co.uk/environment/tcm-attendance-changes/). Understanding the operational consequences of an outdated [legal register highlights why static compliance](https://ashbrookeconsultants.co.uk/health-and-safety/what-an-auditor-looks-for-in-an-iso-45001-compliant-legal-register/) documents fail to protect modern enterprises. --- ## 1. Missing Critical Legislative Changes and Statutory Amendments Health, safety, and environmental statutory frameworks across Great Britain, Northern Ireland, the Isle of Man, and the Republic of Ireland are in constant motion. Regulators and parliaments amend existing legislation far more frequently than they enact entirely new primary Acts. When a legal register is not updated regularly, the following issues occur: - **Unrecorded Statutory Amendments:** An entry in a register may list the correct title of an Act or Regulation, yet remain silently out of date because an amending statutory instrument altered a exposure threshold, broadened a legal definition, or moved a mandatory reporting deadline. - **Retaining Revoked Legislation:** Failing to remove repealed or revoked legislation creates unnecessary administrative clutter. This wastes valuable time during internal checks and misleads staff into enforcing duties that no longer exist under law. - **Overlooking Updated Regulatory Guidance:** Regulators such as the [Health and Safety](https://ashbrookeconsultants.co.uk/compliance/the-difference-between-generic-and-bespoke-legal-registers/) Executive (HSE) and the Environment Agency (EA) frequently update Approved Codes of Practice (ACOPs) and guidance documents. Although guidance is not always statutory law, it defines the legal benchmark expected by courts and enforcement inspectors. Missing these updates leaves operational procedures aligned with obsolete standards. --- ## 2. Flawed Compliance Assessments and Distorted Evaluations Under international management standards such as **[ISO 14001](https://ashbrookeconsultants.co.uk/iso-14001/)** (Clause 9.1.2) and **ISO 45001** (Clause 9.1.2), organisations must conduct periodic evaluations of their legal compliance status. A compliance evaluation tests operational reality against the parameters documented in the legal register. If the underlying legal register contains out-of-date information, any subsequent compliance assessment becomes fundamentally flawed. Evaluating site practices against superseded statutory requirements generates inaccurate compliance scores. Managers receive reports indicating complete compliance, unaware that newly enacted statutory duties, altered discharge limits, or updated permit conditions have gone completely unassessed. --- ## 3. Failure to Identify New Obligations from Business Triggers [Legislative updates represent only one side of legal register](https://ashbrookeconsultants.co.uk/governance/why-your-company-needs-a-legislation-register/) maintenance; internal organisational changes represent the other. Updating a register solely on an annual schedule inevitably causes the document to lag behind internal operational developments. A failure to execute **trigger-based reviews** means that routine commercial changes generate unmanaged legal exposure: - **New Equipment and Machinery:** Installing new plant or lifting machinery introduces obligations under the Provision and Use of Work Equipment Regulations 1998 (PUWER) or the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER). - **New Chemical Substances:** Introducing new raw materials or cleaning agents can trigger the Control of Substances Hazardous to Health Regulations 2002 (COSHH) or REACH obligations. - **Premises and Physical Footprint:** Moving to new sites or altering existing buildings brings different [fire safety](https://ashbrookeconsultants.co.uk/health-and-safety/fire-safety/) orders, planning consents, and building regulations into scope. - **Environmental Permit Variations:** Varied abstraction consents, modified trade effluent limits, or altered waste classifications must be entered into the register the moment they are granted. - **Cross-Border Expansion:** Expanding operations into a new jurisdiction—such as moving from Great Britain into Northern Ireland or the Republic of Ireland—introduces an entirely separate body of legal requirements rather than a variation of existing rules. Without a system that links operational changes directly to legal register reviews, new legal duties remain unidentified and unmanaged. --- ## 4. Incorrect Regulatory Risk and Misleading Executive Confidence Executive [leadership relies on corporate compliance reporting to evaluate organisational risk](https://ashbrookeconsultants.co.uk/compliance/investing-in-corporate-governance-adds-value-to-the-bottom-line-and-improves-resilience-in-uncertain-times/) and allocate resources effectively. An outdated legal register distorts this governance feedback loop. It provides leadership with a false sense of security, leading executives to believe that all statutory liabilities are isolated and controlled. In reality, unmonitored regulatory shifts accumulate quietly. This distorted view of regulatory [risk can lead management to allocate compliance](https://ashbrookeconsultants.co.uk/compliance/can-too-much-corporate-governance-stifle-smes/) budgets in error, bypass necessary operational controls, or omit vital safety training. --- ## 5. Third-Party Audit Findings and ISO Non-Conformities For organisations certified to **[ISO 9001](https://ashbrookeconsultants.co.uk/iso-9001/)**, **ISO 14001**, or **ISO 45001**, the legal register is one of the most rigorously examined elements during third-party certification and surveillance audits. Third-party auditors routinely evaluate legal registers using two distinct approaches: 1. **Top-Down Auditing:** The auditor inspects a physical aspect or hazard on site (such as a chemical store, timber workshop, or waste area) and checks whether the corresponding statutory requirements and permit conditions are correctly detailed in the legal register. 2. **Bottom-Up Auditing:** The auditor selects a specific entry within the legal register and requests live physical evidence demonstrating how that requirement is fulfilled on the ground. If an auditor discovers that a register lacks recent legislative amendments, omits applicable permit conditions, or references revoked statutes, a formal non-conformity will be raised against Clause 6.1.3. Treating the legal register as a static, one-time exercise remains one of the most frequent causes of ISO audit failures. --- ## 6. Difficulty Demonstrating Legal Compliance and Due Diligence Maintaining compliance requires more than listing statutory titles; it demands clear evidence of active oversight. A defensible legal register entries should link each statutory clause directly to an internal operating procedure, an assigned internal owner, and a verifiable evidence log. If a regulatory inspector from the [Health and Safety Executive (HSE) ](https://www.hse.gov.uk/index.htm)or [Environment Agency (EA)](https://www.gov.uk/government/organisations/environment-agency) inspects a site, or if an insurer evaluates an operational claim, an outdated register fails to demonstrate due diligence. Presenting a static document that has not been updated or audited within the preceding twelve months demonstrates a breakdown in [compliance governance](https://ashbrookeconsultants.co.uk/compliance/keeping-it-legal/), making it difficult to prove that the business actively manages its statutory duties. --- ## 7. Breakdown of the Plan-Do-Check-Act Management Framework Recognised management system frameworks—such as **[ISO 45001](https://www.iso.org/standard/45001 "ISO 45001")** and **HSG65**—operate on a continuous **Plan-Do-Check-Act (PDCA)** cycle. ![Plan do check act. Legal register out of date?](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/plan-do-check-act-1024x768.jpg)Plan do check act cycleThe legal register forms the core foundation of the **Plan** stage. It defines what the organisation must comply with. If the **Plan** stage relies on obsolete statutory parameters: - Operational controls (**Do**) are built around incorrect standards. - Compliance audits (**Check**) evaluate performance against out-of-date criteria. - Corrective actions (**Act**) fail to address actual legal exposure. When the legal register is disconnected from live operational checks, the entire [management system](https://ashbrookeconsultants.co.uk/governance/risk-management-in-the-uk/) fails to function as intended. --- ## Establishing an Effective Legal Register Review Protocol To prevent a legal register from becoming out of date, organisations should implement a dual-track review process: - **Scheduled Legislative Reviews:** Establish a fixed review schedule (typically quarterly) to monitor legislative changes, new statutory instruments, and updated regulator guidance across all operating jurisdictions. - **Trigger-Based Internal Reviews:** Integrate legal register review checklists directly into corporate change-management processes. Any change in business activities, premises, machinery, chemical usage, or environmental permits should prompt an immediate review. - **Accountability and Audit Trails:** Assign clear internal ownership for every entry and maintain a detailed audit trail showing when each requirement was last evaluated. By pairing scheduled legislative monitoring with internal change management, executive leadership can ensure that the legal register remains an accurate, defensible reflection of the organisation’s legal duties. To get help with your legal register, [please contact one of our team.](https://ashbrookeconsultants.co.uk/contact-us/) **Categories:** Compliance, Environment, Governance, Health and Safety, Management systems **Tags:** environment, governance, Health and Safety, risk --- ### [Keeping it Legal](https://ashbrookeconsultants.co.uk/compliance/keeping-it-legal/) **Published:** August 2, 2020 **Author:** Mark **Content:** In this article, Keeping it legal, we consider the expanding burdens on business from legislation. The legal burden on business continues to increase each year with the introduction of new rules, European legislation and domestic laws. Legal compliance is seen as a significant risk by many business leaders such that a recent MORI poll identified the worst aspect of being a business leader was keeping up to date with legislation. Legislation governs all of our lives and the business world is no different. Laws control how we employ staff, manage [health and safety](https://ashbrookeconsultants.co.uk/agriculture/farms-are-not-playgrounds/) and protect the environment from our manufacturing activities. Whatever type of [business you operate there will be legislation](https://ashbrookeconsultants.co.uk/environment/environmental-legislation-for-business/) which you must comply with. It is directors who have a duty to keep up to date with legislative changes, as ignorance of the law is no defence! In order to ensure [companies](https://ashbrookeconsultants.co.uk/compliance/investing-in-corporate-governance-adds-value-to-the-bottom-line-and-improves-resilience-in-uncertain-times/) stay within the law resources must be invested in not only identifying applicable laws but also auditing compliance and horizon scanning. Allocating responsibility to an individual employee or team to identify changes in the law which impact on the company’s operations is a good start. They can maintain a [legislation register](https://ashbrookeconsultants.co.uk/governance/why-your-company-needs-a-legislation-register/) and highlight changes to directors and managers. Trade bodies and government department websites also offer a good source of information on new rules being introduced to specific business sectors. Horizon scanning involves the research of proposed laws which may be in the pipeline and help to ensure the company is not caught off guard. ![Keeping it legal](https://ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/book-building-transport-stadium-public-transport-aisle-1107157-pxhere.com_-1024x768.jpg)The legal burden on business continues to increase each yearUndertaking regular risk assessments will help a [business](https://ashbrookeconsultants.co.uk/compliance/do-small-businesses-need-an-environmental-legal-register/) analyse the risks it faces and decide how to reduce those risks. When conducting a risk assessment companies must ensure they identify the hazards of the business – contractual, compliance, financial, etc. Risks can be categorised as internal or external. Internally, risks should be considered under the following groups; people risks, process risks and system risks. Externally, there are financial risks and non-financial risks such as political/competitor risk. Once the hazards are identified consider what can reasonably be done to avoid or reduce the risks. If the business has critical contracts review them to ascertain how robust they are. If there are compliance risks consider auditing the internal controls which are in place to prevent breaches. Also make sure that clear reporting lines are established so that there are no information blockages or teams working in silos. Risk assessments should not be seen as a single one off exercise but an evolving activity under regular review. Significant risks could also require expert advice from professionals such as lawyers, accountants or insurers. if you require advice for your business, [please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Compliance, Governance **Tags:** compliance, directors boardroom, governance, leadership, risk --- ### [Risk Management in the UK](https://ashbrookeconsultants.co.uk/governance/risk-management-in-the-uk/) **Published:** July 2, 2024 **Author:** Administrator **Excerpt:** Risk management is a critical aspect of any business or organisation, and in the UK, it is taken very seriously. The UK has a robust framework for risk management, guided by various institutions and regulations that ensure businesses can identify, assess, and mitigate risks effectively. **Content:** Risk management is a critical aspect of any business or organisation, and in the UK, it is taken very seriously. The UK has a robust framework for risk management, guided by various institutions and regulations that ensure businesses can identify, assess, and mitigate risks effectively. The [Institute of Risk Management](https://www.theirm.org/) (IRM) is a leading body in the UK that provides internationally recognised qualifications, training, and research in risk management. Their commitment to developing risk management professionals is evident through their extensive resources and events that cater to enhancing skills and knowledge in the field. The UK government also plays a significant role in establishing [risk management](https://ashbrookeconsultants.co.uk/risk-management-case-study/) principles. The [“Orange Book”](https://www.gov.uk/government/publications/orange-book) is a guidance document published by the Government Finance Function and HM Treasury, which lays out the concepts and processes for risk management in government organizations. It complements other publications, such as the “[Green Book](https://www.gov.uk/government/collections/the-green-book-and-accompanying-guidance-and-documents)”, which offers advice on appraisal and evaluation. Moreover, the [Management of Health and Safety at Work Regulations 1999](https://www.legislation.gov.uk/uksi/1999/3242/pdfs/uksi_19993242_en.pdf) outlines the minimum requirements for risk assessment in the workplace. It mandates the identification of potential hazards, the evaluation of the likelihood and severity of harm, and the implementation of measures to control or eliminate risks. The private sector in the UK is also bustling with companies specialising in risk management. These organisations offer a range of services, from consultancy to software solutions, helping businesses navigate the complexities of risk in various industries. ![Risk management](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/07/work-rope-roof-recreation-jumping-repair-732451-pxhere.com_-1024x768.jpg)In conclusion, risk management in the UK is a multifaceted discipline supported by a strong institutional framework, government regulations, and a dynamic private sector. Whether it’s for public or private entities, the resources and expertise available within the UK provide a solid foundation for managing risks and safeguarding the interests of stakeholders. With the right approach and tools, organisations can turn risks into opportunities for growth and resilience. ## Risk Management Top 10 for 2024 Common Risks Faced by UK Businesses: Navigating the Challenges of 2024 In the ever-evolving landscape of the business world, UK [companies face a myriad of risks](https://ashbrookeconsultants.co.uk/compliance/investing-in-corporate-governance-adds-value-to-the-bottom-line-and-improves-resilience-in-uncertain-times/) that can impact their operations and bottom line. As we delve into 2024, it is crucial for businesses to stay informed about the potential challenges they may encounter. Here’s an overview of the common risks that UK businesses are currently facing: ### Cyber Incidents Cybersecurity remains a top concern for UK businesses, with cyber incidents such as cybercrime, IT network disruptions, malware, ransomware, and data breaches leading the list of risks. The sophistication of cyber threats continues to grow, with hackers leveraging new technologies to exploit vulnerabilities. The rise of artificial intelligence (AI)-powered attacks has made it imperative for businesses to bolster their cyber defences and remain vigilant against these evolving threats ### Business Interruption Business interruption, including supply chain disruptions, holds the second spot on the risk list. The UK’s recent history with Brexit and the COVID-19 pandemic has highlighted the importance of business resilience. Companies must navigate import/export costs, cash-flow challenges, staff shortages, and the ripple effects of global events on their supply chains. ### Natural Catastrophes Climbing up the risk ladder, natural catastrophes such as storms, floods, earthquakes, and wildfires pose significant threats. Extreme weather events underscore the need for robust disaster recovery plans and insurance coverage to mitigate the financial and operational impacts of such incidents. ### Shortage of Skilled Workforce The scarcity of skilled professionals is a growing concern, affecting businesses’ ability to maintain productivity and innovation. This risk calls for strategic workforce planning and investment in training and development to bridge the skills gap. ### Climate Change The physical, operational, and financial risks associated with global warming continue to be a pressing issue. With climate change moving up the risk rankings, businesses must integrate sustainability into their core strategies and adapt to the changing regulatory landscape. ### Political Risks and Violence Political instability, terrorism, and civil unrest can disrupt business operations and pose security challenges. Companies must be prepared to respond to political risks and ensure the safety of their assets and personnel. ### Legislative and Regulatory Changes Changes in legislation and regulation, such as tariffs, economic sanctions, and protectionism, can have far-reaching effects on businesses. Staying abreast of legal developments and maintaining compliance is essential for operating within the law. ### Macro-economic Developments Economic shifts, including inflation, deflation, and monetary policies, can alter the business landscape. Organizations must be agile and ready to adjust their strategies in response to macro-economic changes. ### New Technologies The advent of new technologies brings both opportunities and risks. Innovations like AI, autonomous vehicles, and the Metaverse can transform industries, but they also introduce new challenges that businesses must navigate. ### Market Developments Lastly, market developments such as intensified competition, mergers and acquisitions, and market fluctuations require businesses to be competitive and adaptable to sustain growth and success. In conclusion, UK businesses must adopt a proactive approach to risk management, staying informed and prepared for the diverse range of risks they face. By understanding these common risks and implementing effective strategies to address them, businesses can enhance their resilience and secure a competitive edge in the marketplace. ## Risk Management in practice Managing risk is a critical aspect of business strategy, especially in a dynamic and interconnected global economy. In the UK, businesses face a variety of risks that can impact their operations, reputation, and bottom line. Understanding these risks and implementing strategies to manage them is essential for business resilience and success. ### Cyber Incidents Cyber incidents top the list of risks for UK businesses in 2024, as they did in the previous year. The digital landscape is constantly evolving, and with it, the nature of cyber threats. Businesses must stay vigilant against cybercrime, IT network disruptions, malware, ransomware, and data breaches. Investing in robust cybersecurity measures, employee training, and incident response plans is crucial. Regularly updating IT infrastructure and adopting best practices for data protection can mitigate the risk of cyber incidents. ### Business Interruption Business interruption, including supply chain disruptions, remains a significant concern. The UK’s recent history with Brexit and the COVID-19 pandemic has highlighted the importance of business continuity planning. Companies should assess their supply chain vulnerabilities and develop strategies to ensure operational resilience. This may include diversifying suppliers, stockpiling critical inventory, and establishing alternative logistics arrangements. ### Natural Catastrophes The emergence of natural catastrophes as a top risk reflects the increasing frequency and severity of extreme weather events. Businesses should evaluate their exposure to natural disasters and consider insurance coverage as part of their risk management strategy. Additionally, developing disaster recovery plans and investing in infrastructure that can withstand extreme conditions are proactive steps businesses can take. ### Shortage of Skilled Workforce A shortage of skilled workers can hinder a business’s ability to grow and compete. To address this risk, companies should invest in training and development programs, foster a culture of continuous learning, and explore new recruitment channels. Building partnerships with educational institutions and offering apprenticeships or internships can also help bridge the skills gap. ### Climate Change The risks associated with climate change, such as physical, operational, and financial impacts, are increasingly recognized by UK businesses. Adopting sustainable practices, reducing carbon footprint, and integrating Environmental Social Governance (ESG) criteria into business operations can not only manage risk but also create opportunities for innovation and growth. ### Political Risks and Violence Political instability, terrorism, and other forms of political risk can have sudden and profound effects on businesses. Companies should monitor political developments and have contingency plans in place. Risk transfer mechanisms, such as political risk insurance, can provide financial protection against such uncertainties. ### Legislative and Regulatory Changes Changes in legislation and regulation, including tariffs and economic sanctions, can disrupt business activities. Staying informed about regulatory changes and engaging with policymakers can help businesses anticipate and adapt to new requirements. Compliance programs and legal counsel can ensure that businesses navigate these changes effectively. ### Macro-economic Developments Economic conditions such as inflation, deflation, and monetary policies can impact business performance. Businesses should conduct regular economic analyses and scenario planning to prepare for macro-economic shifts. Diversifying revenue streams and maintaining financial flexibility can provide a buffer against economic turbulence. ### New Technologies The advent of new technologies, including AI and the Metaverse, presents both opportunities and risks. Businesses should evaluate the potential impact of emerging technologies on their operations and industry. Investing in research and development and staying ahead of technological trends can turn these risks into competitive advantages. ### Market Developments Finally, market developments such as intensified competition and market fluctuations require businesses to be agile and responsive. Conducting market research, fostering innovation, and maintaining strong customer relationships can help businesses stay competitive in a changing market landscape. ## Conclusion In conclusion, managing risk is an ongoing process that requires attention, resources, and strategic thinking. By understanding the top risks facing UK businesses and taking proactive steps to address them, companies can build resilience and position themselves for long-term success. If you require risk management advice for your business, please [contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/). **Categories:** Governance, Management systems **Tags:** environment, governance, Health and Safety, risk --- ### [Explosion prosecution](https://ashbrookeconsultants.co.uk/health-and-safety/explosion-prosecution/) **Published:** October 12, 2024 **Author:** Administrator **Excerpt:** An explosion prosecution by the Health and Safety Executive (HSE) has highlighted the risks associated with handling solvents and the DSEAR rules. A solvents manufacturer has been fined following an explosion at its factory in the Scottish Borders. **Content:** An explosion prosecution by the [Health and Safety Executive](https://www.hse.gov.uk/) (HSE) has highlighted the risks associated with handling solvents and the DSEAR rules. A solvents manufacturer has been fined following an explosion at its factory in the Scottish Borders. The blast at Rathburn Chemicals in Walkerburn on 10 January 2020 resulted in a laboratory, which was part of the factory, being demolished. It was likely caused by excessive pentane vapour, generated by the company’s distillation process, overheating and being ignited by the site’s extraction system causing an explosion. Fortunately, no one was injured by the explosion. A [HSE](https://www.hse.gov.uk/index.htm "HSE") investigation found Rathburn Chemicals had an inadequate system in place which failed to control the amount of steam and heat being generated during its distillation process. The company also failed to adequately detect any signs of overheating which could lead to flammable vapour being ignited. The HSE has published guidance on how to eliminate or reduce the risk of explosion in such circumstances which is available free on their website – [The Dangerous Substances and Explosive Atmospheres Regulations 2002 – Fire and explosion](https://www.hse.gov.uk/fireandexplosion/dsear.htm?utm_source=hse.gov.uk&utm_medium=referral&utm_campaign=prosecution-push). Rathburn Chemicals (Manufacturing) Limited, of Caberston Road, Walkerburn, Peeblesshire, pleaded guilty to breaching Section 2(1) and Section 33(1)(a) of the [Health and Safety at Work etc. Act 1974](https://www.legislation.gov.uk/ukpga/1974/37/contents). The company was fined £40,000 and ordered to pay a victim surcharge of £3,000 at Lothian and Borders Sheriff Court on 20 September 2024. [HSE inspector](https://ashbrookeconsultants.co.uk/health-and-safety/hse-inspectors-refused-entry/) Isabelle Martin said: > “This was a serious incident and it is fortunate that no one was injured by the blast. The explosion could have been avoided had Rathburn Chemicals simply carried out the correct control measures and safe working practices. > > “This case also highlights the risks from distilling flammable substances, the need for reliable control measures and adequate training of employees. Companies looking for further advice on this issue can find readily available guidance on the HSE website.” ![Explosion prosecution DSEAR](https://ashbrookeconsultants.co.uk/wp-content/uploads/2024/10/Rathburn-Chemicals-1-768x576-1.jpg)## What is DSEAR and how to prevent an explosion? DSEAR stands for the [Dangerous Substances and Explosive Atmospheres Regulations 2002](https://www.legislation.gov.uk/uksi/2002/2776/contents). Dangerous substances can put peoples’ [safety at risk](https://ashbrookeconsultants.co.uk/health-and-safety/construction-site-safety/) from fire, explosion and corrosion of metal. DSEAR puts duties on employers and the self-employed to protect people from these risks to their [safety](https://ashbrookeconsultants.co.uk/health-and-safety/new-electrical-safety-duties-for-landlords/) in the workplace, and to members of the public who may be put at risk by work activity. ## What are dangerous substances? Dangerous substances are any substances used or present at work that could, if not properly controlled, cause harm to people as a result of a fire or explosion or corrosion of metal. They can be found in nearly all workplaces and include such things as solvents, paints, varnishes, flammable gases, such as liquid petroleum gas (LPG), dusts from machining and sanding operations, dusts from foodstuffs, pressurised gases and substances corrosive to metal. ## What does DSEAR require? All employers must: - find out what dangerous substances are in their workplace and what the risks are associated with them - put control measures in place to either remove those risks or, where this is not possible, control them - put controls in place to reduce the effects of any incidents involving dangerous substances - prepare plans and procedures to deal with accidents, incidents and emergencies involving dangerous substances - make sure employees are properly informed about and trained to control or deal with the risks from the dangerous substances - identify and classify areas of the workplace where explosive atmospheres may occur and avoid ignition sources (from unprotected equipment, for example) in those areas. If you require health and safety advice for your business, [please contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Health and Safety, Prosecutions **Tags:** Health and Safety, prosecutions, risk --- ### [What Does an ISO 45001 Legal Register Need to Contain?](https://ashbrookeconsultants.co.uk/compliance/what-does-an-iso-45001-legal-register-need-to-contain/) **Published:** September 12, 2026 **Author:** Administrator **Excerpt:** If you are working towards ISO 45001 certification, or maintaining it, one of the most common sticking points during audits is the legal register. It sounds like a simple document — a list of laws that apply to your business — but auditors consistently find registers that are either incomplete, out of date, or too vague to demonstrate real compliance. This article breaks down exactly what a compliant legal register needs to contain, why it matters, and how to keep it audit-ready. **Content:** If you are working towards [ISO 45001 certification](https://www.iso.org/standard/63787.html), or maintaining it, one of the most common sticking points during audits is the legal register. It sounds like a simple document — a list of laws that apply to your business — but auditors consistently find registers that are either incomplete, out of date, or too vague to demonstrate real compliance. This article breaks down exactly what a compliant legal register needs to contain, why it matters, and how to keep it audit-ready. ## What Is a Legal Register? A legal register (sometimes called a “legal and other requirements register”) is a structured record of all the health and safety laws, regulations, codes of practice, and other obligations that apply to your organisation’s activities, products, and services. Under [ISO 45001](https://www.iso.org/standard/45001 "ISO 45001"), Clause 6.1.3 requires organisations to determine and have access to up-to-date legal requirements and other requirements relevant to their occupational health and safety management system (OH&S MS), and to keep this information current. The register is how you evidence that you have done this. ![Legal register](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/Man-Reading-files-1024x683.jpg)Is your legal register up to date?## Why It Matters More Than It Looks A [legal register](https://ashbrookeconsultants.co.uk/governance/why-your-company-needs-a-legislation-register/) is not just a compliance checkbox. It is the foundation your OH&S [management system](https://ashbrookeconsultants.co.uk/environment/tcm-attendance-changes/) is built on — it drives your risk assessments, your operational controls, your training needs, and your internal audit criteria. If the register is wrong or incomplete, everything built on top of it is at risk too. Auditors will typically test the register in two directions: - **Top-down** — picking an activity or hazard on site and checking the relevant legislation is listed. - **Bottom-up** — picking an entry in the register and asking how it is being met in practice. If either direction breaks down, it is usually flagged as a non-conformity. ## Core Elements Every Entry Should Include While the exact format can vary, [a robust legal register](https://ashbrookeconsultants.co.uk/health-and-safety/how-to-identify-health-safety-legislation-for-your-business/) entry should contain the following information for each requirement: 1. **Legislation or requirement title** — the specific act, regulation, [code of practice](https://ashbrookeconsultants.co.uk/food-safety/food-law-code-consultation/), standard, or other obligation (e.g. industry code, insurer requirement, client contractual clause). 2. **Reference number or citation** — the official identifier so it can be traced back to source. 3. **Jurisdiction** — which country, state, or region it applies to, especially important for multi-site organisations. 4. **Summary of the requirement** — a plain-language description of what the law actually requires, avoiding a copy-paste of dense legal text. This is often where expert consultants can be beneficial in interpreting the law to your business operations. 5. **Applicability** — why and how this requirement applies to your specific operations, sites, or activities. Generic entries ([“Health and Safety](https://ashbrookeconsultants.co.uk/compliance/the-difference-between-generic-and-bespoke-legal-registers/) at Work Act applies to all businesses”) are a common audit finding. 6. **Compliance status** — a clear statement of whether you currently comply, partially comply, or are working towards compliance. This is particularly useful when first implementing [ISO 45001](https://ashbrookeconsultants.co.uk/iso-45001/). 7. **Evidence of compliance** — links or references to the specific procedures, records, permits, certificates, or controls that demonstrate compliance. 8. **Responsible person or role** — who owns the register and is accountable for maintaining compliance. 9. **Review date and frequency** — when it was last checked and when it is next due for review. 10. **Source of update information** — how you monitor for changes (e.g. legislation update service, trade body bulletin, government gazette, etc.). 11. **Date of last legislative change** — useful for showing the register reflects the current version of the law, not an outdated one. ## Beyond Statutory Law: “Other Requirements” ISO 45001 explicitly extends beyond legislation to “other requirements.” These are easy to miss but often specifically probed by auditors. They may include: - Industry codes of practice and guidance documents - Client or contractual [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/vehicle-injured-guard/) requirements - Relevant insurance provider conditions - Corporate group standards (for multi-site or multinational organisations) - Voluntary agreements or membership scheme conditions - Permits, licences, and consents tied to specific sites or activities If your register only lists statutory legislation and ignores these, it will not fully meet the clause requirement. ## How to Structure the Register There is no single structure that every register must follow, and it is often determined by the type, size or nature of the organisation itself. Most organisations use a spreadsheet, text document or a dedicated compliance software tool. Common groupings include: - General [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/bernard-mathews-worker-paralysed/) legislation - [Fire safety](https://ashbrookeconsultants.co.uk/health-and-safety/fire-safety/) - Environmental (where it overlaps with H&S, e.g. hazardous substances) - Sector-specific legislation (construction, manufacturing, healthcare, etc.) - Equipment and machinery - Chemical and hazardous substances - Transport and vehicles - Welfare and employment law touching on H&S Structuring it makes the register easier to cross-reference against your risk assessments and operational controls, procedures and much faster to navigate during an audit. ## Keeping It Live: Review and Monitoring A legal register is only useful if it stays current. ISO 45001 requires that this information be kept up to date, so your process needs to show: - A defined review frequency (many organisations review quarterly, with a full review annually) - A named responsible person for monitoring legislative changes, this can be a representative in the organisation but could also be an external consultant - A method for capturing changes (legal update subscription services are common, as manually tracking government publications is unreliable) - A record of how changes were assessed and, where relevant, actioned (updated risk assessments, new controls, revised training) ## Common Mistakes to Avoid - **Treating it as a one-off exercise.** Registers built once for certification and never revisited are one of the most frequent non-conformities. - **Copying generic templates without tailoring.** A register that does not reflect your actual sites, activities, and hazards will not withstand scrutiny. - **No link to evidence.** Listing a requirement without showing how it is actually met leaves a gap between the register and reality. - **Missing “other requirements.”** Focusing only on statute law and ignoring client, insurer, or industry obligations. - **No ownership.** Without a named responsible person, updates tend to fall through the cracks. ## Final Thoughts A well-built legal register does more than satisfy Clause 6.1.3 — it becomes a working tool that keeps your entire OH&S [management system](https://ashbrookeconsultants.co.uk/governance/risk-management-in-the-uk/) grounded in what the law and your other obligations actually require. Getting the structure right from the start, and building in a genuine review cycle, is what separates a register that passes audit from one that merely exists on paper. If you would like support building or auditing your legal register as part of your ISO 45001 journey, [get in touch with our team for a consultation](https://ashbrookeconsultants.co.uk/contact-us/). **Categories:** Compliance, Health and Safety **Tags:** governance, Health and Safety, ISO45001 --- ### [Failure to manage asbestos risk leads to prosecution](https://ashbrookeconsultants.co.uk/health-and-safety/asbestos-risk/) **Published:** August 5, 2022 **Author:** Administrator **Excerpt:** Two engineering companies and their director have been sentenced for failing to manage the risks from asbestos to employees within the workplace. **Content:** Two engineering companies and their director have been sentenced for failing to manage asbestos risk to employees within the workplace. A large quantity of asbestos containing materials, including asbestos insulating board, were identified during a HSE inspection at factory premises in Kidderminster owned by Kespar Engineering Limited in February 2019. The premises were occupied by SDF Automotive Limited (who went into administration in November 2019). Employees of both companies worked in the premises and the sole director for both companies was Peter Gerard Parkes. An investigation by the [Health and Safety Executive (HSE)](https://www.hse.gov.uk/) identified the failure of all defendants to manage the risks from asbestos within the premises. This included the failure to ensure the suitable and sufficient assessment of the risks to the health of employees working there was carried out. The defendants were aware that asbestos was present within the premises and had previously prepared asbestos management plans however these were not reviewed or updated. The location and condition of the asbestos on [site was not actively monitored and the risk](https://ashbrookeconsultants.co.uk/health-and-safety/construction-site-safety/) of any exposure to asbestos containing materials was not adequately considered or controlled by the defendants. Kespar Engineering Ltd of Kidderminster, pleaded guilty to breaching Regulations 4 (10), 6 (1) and 11 (1) of the[ Control of Asbestos Regulations 2012](https://www.legislation.gov.uk/uksi/2012/632/contents/made). The company was fined £51,000 and ordered to pay costs of £30,000. SDF Automotive Limited (in administration) formerly of Kidderminster, pleaded guilty to breaching Regulations 4 (10), 6 (1) and 11 (1) of the Control of Asbestos Regulations 2012. The company was conditionally discharged for two years. Peter Gerard Parkes of Bridgnorth, pleaded guilty to several counts under Section 37 of the [Health and Safety at Work etc Act 1974](https://www.legislation.gov.uk/ukpga/1974/37/contents). These related to his individual failing as a Director of Kespar Engineering Ltd, SDF Automotive Ltd, and Smethwick Drop Forge Ltd in respect of the offences committed by the Companies under his control. Mr Parkes was given a 12-month [suspended prison](https://ashbrookeconsultants.co.uk/environment/proven-skip-boss-receives-a-suspended-prison-term/) sentence, fined £9,000 and ordered to pay costs of £14,000. The case was heard at Kidderminster Magistrates’ Court. ![asbestos risk](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/04/Asbestos-1024x768.jpg)Asbestos risks must be managed and controlled (stock image)Speaking after the hearing, [HSE](https://www.hse.gov.uk/index.htm "HSE") inspector Sarah Reilly, said: > *“It is important that all dutyholders including company [directors recognise the importance of actively managing asbestos](https://ashbrookeconsultants.co.uk/health-and-safety/leading-health-safety-at-work/) containing materials in non-domestic premises and ensure that the potential risk to health posed by the materials is controlled. [Health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/bonfire-prosecution/) law places duties on organisations and employers – directors can be personally liable and held to account when these duties are breached.”* Asbestos still kills around 5,000 workers each year, this is more than the number of people killed on the road – around 20 trades people die each week as a result of past exposure. However, asbestos is not just a problem of the past. It can be present today in any building built or refurbished before the year 2000. When materials that contain asbestos are disturbed or damaged, fibres are released into the air. When these fibres are inhaled, they can cause serious diseases. These diseases will not affect people immediately; they often take a long time to develop, but once diagnosed, it is often too late to do anything. This is why it is important that [employers](https://ashbrookeconsultants.co.uk/health-and-safety/uninsured-employer-prosecuted/) and anyone in control of a building have duties to protect employees and others from asbestos risks. Before undertaking any work in a building that may contain asbestos (e.g. built or refurbished before the year 2000), you need to do the following: ## **Identify whether asbestos is present and determine its type and condition** - People responsible for maintenance of non-domestic premises, have a ‘duty to manage’ the asbestos in them, and should provide contractors and others with information on where any asbestos is in the building and what condition it is in. - If no information is available or it is limited and its is suspect asbestos may be present then you should have the area surveyed and representative samples of the material you are going to work on analysed. - Alternatively, you can assume that any material you need to disturb does contain asbestos and take the appropriate precautions for the highest risk situation. ## **Carry out an asbestos risk assessment** - Decide if it is possible to carry out the building or maintenance work avoiding the risk of asbestos exposure all together. - If that’s not possible, identify who might be at risk and the level of possible asbestos exposure from any work. - On this basis, decide what work methods are necessary to provide effective control of the risks. ## **Decide if the work needs to be carried out by a licensed contractor** - Most asbestos removal work will require a contractor holding a licence from HSE. - All work with sprayed asbestos coatings and asbestos lagging and most work with asbestos insulation and asbestos insulating board (AIB) requires a licence. - Identify if your work needs a licensed contractor. - Find a licensed contractor or find out how to apply for a licence. ## **If the work is not licensable, decide if the work needs to be notified** - If it does not need a licence, you can do maintenance work on or around ACMs with the appropriate controls in place. - Some non-licensed work also has additional requirements, i.e. notification of work, medical surveillance and record keeping – this work is known as notifiable non-licensed work (NNLW). ## **Ensure those carrying out the work are suitably trained.** - Any worker who is liable to disturb asbestos during their day-to-day work needs to receive appropriate training to enable them to protect themselves and others. If you require advice on health and safety in your workplace, [please contact one of the Ashbrooke team.](https://ashbrookeconsultants.co.uk/contact-us/) **Categories:** Health and Safety, Prosecutions **Tags:** asbestos, Health and Safety, prosecutions, risk, safety --- ### [Plan for the next emergency now!](https://ashbrookeconsultants.co.uk/governance/plan-for-the-next-emergency-now/) **Published:** August 12, 2024 **Author:** Administrator **Excerpt:** Emergency planning is a critical aspect of business management that ensures the safety and continuity of operations in the face of unexpected events. The Civil Contingencies Act 2004, established by the UK government, provides a framework for emergency preparedness, placing responsibilities on various organisations to prepare and respond effectively to emergencies. **Content:** In the United Kingdom, emergency planning is a critical aspect of business management that ensures the safety and continuity of operations in the face of unexpected events. The [Civil Contingencies Act 2004](https://www.legislation.gov.uk/ukpga/2004/36/contents), established by the UK government, provides a framework for emergency preparedness, placing responsibilities on various organisations to prepare and respond effectively to emergencies. ## Category 1 Emergency Responders Category 1 responders, such as emergency services, local authorities, and NHS bodies, are at the core of emergency response and are subject to a full set of civil protection duties. These duties include risk assessment, contingency planning, establishing emergency plans, and making information available to the public about civil protection matters. They also have the responsibility to warn, inform, and advise the public during emergencies. ## Category 2 Organisations Category 2 organisations, which include the [Health and Safety](https://ashbrookeconsultants.co.uk/health-and-safety/employee-looses-legs-in-accident/) Executive, transport, and utility companies, are considered ‘co-operating bodies.’ They have a lesser set of duties but play a crucial role in incidents affecting their sectors. Both Category 1 and 2 responders form local resilience forums, which facilitate coordination and cooperation at the local level. ## Business Businesses, as part of the community, have a role to play in emergency planning. Local authorities provide advice and assistance to businesses to help them develop business continuity management arrangements. This is crucial for minimizing the impact of emergencies on business operations and the economy at large. The government’s guidance on emergency planning emphasizes the importance of preventing emergencies where possible and mitigating their effects when they occur. Businesses are encouraged to assess risks, create emergency plans, and train employees to respond to various scenarios. Additionally, businesses should consider the continuity of critical functions and the well-being of employees during an emergency. ![Emergency planning](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/pexels-corentin-detry-6361841-1024x819.jpg)The [Prepare campaign](https://prepare.campaign.gov.uk/) offers practical steps for individuals and businesses to prepare for emergencies. These include learning basic first aid, making a plan for escape routes, and writing down important phone numbers. Being prepared can significantly reduce the disruption caused by emergencies. In conclusion, emergency planning in UK business is not just a legal requirement but a practical necessity. It involves a collaborative effort between the government, responder agencies, and businesses to ensure that when emergencies occur, the impact on people, property, and the environment is minimised. By following the established guidelines and taking proactive steps, businesses can contribute to a resilient community that can withstand and recover from emergencies. ## Common Business Risks Businesses, regardless of size or industry, face a multitude of risks that can impact their operations and financial stability. Identifying and managing these risks is crucial for the sustainability and growth of any enterprise. Here are some common risks that businesses should consider: ### Economic Risks Economic fluctuations can pose significant threats to businesses. Changes in market conditions, such as inflation, recession, or shifts in consumer demand, can affect sales and profitability. Companies must have robust financial planning and management strategies to navigate economic uncertainties. ### Market Risks Misjudging market demand is a common pitfall. Conducting thorough market research and understanding consumer needs are vital to ensure that products and services meet market demands. Developing a unique selling proposition can also help differentiate from competitors. ### Competitive Risks The competitive landscape can change rapidly, with new entrants or innovations disrupting the market. [Businesses need](https://ashbrookeconsultants.co.uk/compliance/do-small-businesses-need-a-health-and-safety-legal-register/) to stay agile, continuously innovate, and adapt their strategies to maintain a competitive edge. ### Execution Risks Flaws in the execution of business strategies can derail even the most well-thought-out plans. Effective project management and operational efficiency are key to mitigating execution risks. ### Strategic Risks Strategic decisions, such as entering new markets or launching new products, come with inherent risks. Businesses should conduct strategic analysis and scenario planning to anticipate potential outcomes and prepare accordingly. ### Compliance Risks Regulatory environments are constantly evolving. Non-compliance with laws and regulations can [lead to fines](https://ashbrookeconsultants.co.uk/food-safety/dangerous-machinery-leads-to-fine/), legal action, and reputational damage. It’s essential for businesses to stay informed and compliant with relevant regulations. ### Operational Risks Operational issues, such as supply chain disruptions or system failures, can have immediate and severe impacts on business continuity. Implementing [risk management](https://ashbrookeconsultants.co.uk/governance/risk-management-in-the-uk/) processes and contingency plans can help minimise these risks. ### Reputational Risks A company’s reputation is one of its most valuable assets. Negative publicity, whether true or not, can damage a business’s brand and customer trust. Active reputation management and effective communication strategies are crucial for reputation [risk](https://ashbrookeconsultants.co.uk/risk-management-case-study/) management. ### Cybersecurity Risks With the increasing reliance on digital technologies, cybersecurity threats such as data breaches and cyber-attacks have become more prevalent. Investing in robust cybersecurity measures and employee training is critical for protecting sensitive information. ### Climate Change Risks The effects of [climate change](https://ashbrookeconsultants.co.uk/agriculture/roadmap-for-flood-and-climate-resilience/), including extreme weather events and regulatory changes related to environmental sustainability, can affect businesses. Developing a sustainability strategy and adapting business practices to be more environmentally friendly can mitigate these risks. By understanding these common business risks, companies can develop comprehensive risk management strategies that protect their interests and ensure long-term success. It’s not just about avoiding risks but also about seizing opportunities that arise from a well-managed risk landscape. For more detailed insights into managing these risks, businesses can refer to specialized resources and consult with risk management experts. ## Assess and prioritise In the dynamic world of business, risk assessment and prioritization are critical processes that enable organisations to navigate uncertainties with strategic foresight. The ability to identify, evaluate, and rank risks based on their potential impact and likelihood is not just about preventing potential pitfalls; it’s about positioning a business to seize opportunities with calculated confidence. ### Understanding Risk Assessment and Prioritisation for an emergency Risk assessment is the systematic examination of all aspects of a business to identify potential risks that could threaten operational efficiency, financial stability, legal standing, and reputation. It is a proactive measure that empowers businesses to anticipate possible obstacles and devise strategies to mitigate them. This process involves not only anticipating the obvious but also uncovering hidden vulnerabilities within an organisation and the external environment it operates within. Risk prioritisation, on the other hand, is the process of evaluating and ranking these risks to determine which ones require immediate attention and resources. This ensures that organisations focus on the most significant threats and opportunities, aligning with their strategic objectives and resource availability. ### Strategies for Effective Risk Prioritisation for an emergency #### Establish Clear Criteria Define what constitutes a ‘*risk*‘ within your organisation and establish clear criteria for evaluation. This could include potential impact, likelihood, and the speed at which a risk could affect the organisation. #### Engage Stakeholders Involve stakeholders from various levels of the organisation in the risk assessment process. Their insights can provide a comprehensive view of the risks and help in prioritising them effectively. #### Use Quantitative and Qualitative Data Employ both quantitative and qualitative data to assess risks. Quantitative data can provide a numerical basis for risk evaluation, while qualitative data can offer context and depth to the analysis. #### Implement a Risk Matrix A risk matrix can help visualize and prioritize risks by categorising them based on their severity and likelihood. This tool is instrumental in simplifying complex information and facilitating decision-making. #### Continuous Monitoring Risk assessment is not a one-time event but an ongoing process. Continuously monitor and review risks, adapting strategies to evolving market conditions, technological advancements, and regulatory changes. #### Leverage Technology Utilise risk management software and tools to streamline the risk assessment and prioritisation process. These tools can provide real-time data, analytics, and reporting capabilities to enhance decision-making. #### Conclusion For businesses, mastering the art of risk assessment and prioritisation is essential for sustainable growth and innovation. It’s about understanding the balance between potential rewards and risks, ensuring that the business can thrive amidst uncertainties. By accurately identifying and prioritising risks, businesses are not just protecting themselves; they are setting the stage for resilience and success in an ever-evolving landscape. Remember, prioritising risk is a continuous journey, reflecting the dynamic nature of business and the external environment. Stay vigilant, adaptable, and informed to navigate the complexities of risk management with confidence. ## Risk management plan for an emergency ### Creating a Risk Management Plan for an emergency: A Step-by-Step Guide Risk management is an essential aspect of project management that involves identifying, assessing, and mitigating potential risks that could impact a project’s success. A well-crafted risk management plan (RMP) not only helps in avoiding potential threats but also ensures that the project is well-equipped to handle uncertainties. Here’s a step-by-step guide to creating a comprehensive risk management plan for your project. #### Step 1: Define the Scope and Objectives of the Plan Before you begin, clearly define the scope of your project and the objectives of your risk management plan. This will help you understand what you need to focus on and what you aim to achieve with your RMP. #### Step 2: Risk Identification Start by listing all possible risks that could affect your project. This includes both internal and external risks, ranging from operational challenges to market fluctuations. Engage your team and stakeholders in brainstorming sessions to ensure a thorough identification process. #### Step 3: Risk Analysis Once you have identified the risks, analyse each one based on its likelihood and potential impact. This will help you understand which risks are more significant and should be prioritized. #### Step 4: Risk Prioritisation Using the information from your risk analysis, prioritise the risks. A common tool for this is a risk matrix, which helps you categorize risks based on their severity and likelihood. #### Step 5: Risk Mitigation Strategies For each high-priority risk, develop mitigation strategies. These are plans that detail how you will reduce or eliminate the risk’s potential impact. Assign a responsible person or team to manage each risk. #### Step 6: Risk Monitoring and Review Risks and their potential impact can change over time. Set up a process for monitoring identified risks and reviewing them regularly. This will help you stay ahead of any changes and adjust your strategies accordingly. #### Step 7: Communication Plan Create a communication plan that outlines how and when you will communicate about risks to your team and stakeholders. This ensures everyone is informed and can react promptly if necessary. #### Step 8: Approval and Implementation Once your risk management plan is developed, seek approval from key stakeholders. After approval, implement the plan and ensure that everyone involved understands their roles and responsibilities. #### Step 9: Continuous Improvement Risk management is an ongoing process. Learn from past projects and continuously improve your RMP. This could involve updating your risk identification and analysis methods or refining your mitigation strategies. #### Conclusion A risk management plan is a living document that evolves with your project. It requires collaboration, continuous monitoring, and adaptability. By following these steps, you can create a robust RMP that prepares your project for the uncertainties ahead, ensuring a higher chance of success. Remember, the fidelity of your risk management plan will vary depending on the nature of your project and the standard operating procedures that your organisation uses. Whether it is a detailed document or a concise outline, the key is to have a clear, actionable plan that addresses the unique risks of your project. ## Risk mitigation strategies for an emergency ### Risk Mitigation Strategies: Preparing for an emergency In the ever-evolving landscape of business, risk is an inevitable companion. However, the way organisations approach these risks can significantly influence their trajectory towards success or failure. Risk mitigation strategies are essential tools that help businesses navigate uncertainties, ensuring stability and growth. This blog post delves into the common risk mitigation strategies that can safeguard an organisation’s interests. #### Understanding Risk Mitigation Risk mitigation is a proactive approach to identify, assess, and address potential threats that could adversely affect an organisation’s objectives, assets, or operations. It involves creating specific action plans aimed at reducing the likelihood or impact of these risks. #### Why Risk Mitigation Matters The importance of risk mitigation cannot be overstated. With the increasing complexity of risk events, a robust risk mitigation plan is not just a defensive measure but also a strategic advantage. It provides a clearer picture of potential obstacles, aids in strategic decision-making, and ensures business continuity in the face of disruptions. #### Common Risk Mitigation Strategies for an emergency **Risk Avoidance** – This strategy involves altering plans to circumvent potential risks entirely. It’s the most straightforward approach but may not always be feasible, as it could also mean missing out on opportunities. **Risk Reduction** – Risk reduction strategies aim to minimize the probability or impact of a risk event. This could involve implementing safety measures, improving processes, or adopting new technologies. **Risk Transference** – Transferring risk means shifting the potential impact to a third party, such as through insurance policies or outsourcing certain operations. **Risk Acceptance** – Sometimes, the cost of mitigating a risk may outweigh the potential impact. In such cases, businesses may choose to accept the risk, acknowledging it as a part of their operational landscape. #### Implementing Risk Mitigation Strategies Effective risk mitigation requires a thorough understanding of the unique challenges an organization faces. It’s not a one-size-fits-all solution; strategies must be tailored to the specific needs and context of the business. Here are steps to implement these strategies: - Identify Risks: Understand the types of risks your business may encounter, such as competitor, economic, political, or financial risks. - Assess Risks: Evaluate the likelihood and potential impact of each risk. - Develop Action Plans: Create detailed plans for how to avoid, reduce, transfer, or accept each identified risk. - Monitor and Review: Continuously monitor risks and the effectiveness of your mitigation strategies, adjusting as necessary. Risk mitigation is an integral part of strategic planning and execution. By identifying and minimizing risks, organisations can not only protect themselves from potential threats but also position themselves to seize growth opportunities. The key is to implement a dynamic and responsive risk mitigation [strategy that evolves with the changing business environment](https://ashbrookeconsultants.co.uk/environment/new-environmental-strategy-published/). For more detailed insights and examples on how to apply these strategies in your organization, [contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Governance **Tags:** governance, risk --- ### [Urgent need to work with nature](https://ashbrookeconsultants.co.uk/agriculture/urgent-need-to-work-with-nature/) **Published:** August 10, 2022 **Author:** Administrator **Content:** An [Environment Agency](https://www.gov.uk/government/organisations/environment-agency) report highlights an urgent need to work with nature and lays bare the scale of change needed to halt England’s biodiversity and climate crisis. Published in July, the report sets out how significant changes will be needed to how land is used in England, with the need for significant landscape scale interventions and the use of nature-based solutions to help wildlife recover, and for humans to mitigate and adapt to the effects of climate change. The [‘Working with Nature’](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094162/Working_with_nature_-_report.pdf) report compiled by Environment Agency scientists sets out the global challenges facing the basics for life on Earth – clean water, climate regulation and food. It describes the potential loss of complex natural ecosystems that provide such essentials as an existential risk to human survival. Referencing Rachel Carson’s 1962 book Silent Spring, considered by many to be the most important piece of environmental writing of the 20th century, Environment Agency chief executive, Sir James Bevan, spoke about the ‘silent spring’ that awaits humanity unless action is taken by businesses, government and individuals to prevent further damage and rebuild the natural environment. The report was unveiled at an event hosted by the Green Alliance, ahead of the COP15 Biodiversity Conference taking place later this year. Internationally, the G7 leaders have committed to the global mission to halt and reverse biodiversity loss by 2030. The COP 15 meeting of the [UN Convention on Biological Diversity (CBD)](https://www.unep.org/events/conference/un-biodiversity-conference-cop-15) in 2022 will review the progress towards previously agreed Biodiversity targets. > *“The biodiversity crisis joins the climate crisis as an existential risk to our survival, but as this report sets out the solution is not to retreat but to work together to build a nature-positive response.* > > *Nature provides the basics for life – clean water, clean air and food. With major pressures on land use across England, nature-based solutions must be a major part in our response to protect these essentials whilst rebuilding our natural world.”* > > Sir James Bevan, [Environment Agency](https://ashbrookeconsultants.co.uk/environment/1-2m-fine-for-water-company/) Chief Executive ![urgent need to work](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/pexels-alenka-skvarc-11948516.jpg)England is one of the most nature-depleted countries in the world due to its long history of industrialisation and land use changes over millennia. There is an urgent need to work with nature as large areas of habitats have been lost with 99.7% of fens, 97% of species-rich grasslands, 80% of lowland heathlands, up to 70% of ancient woodlands and up to 85% of saltmarshes destroyed or degraded. The impacts on species have also been severe, with a quarter of mammals in England and almost a fifth of UK plants threatened with extinction. Nature in England has also been impacted by pressures on land use. The report sets out the impact of the last 50 years of agricultural production and points to the likelihood of a need of further intensification and increased yields from agricultural land. It also charts the impacts of urbanisation, forestry and the need for large areas of land for [climate change](https://ashbrookeconsultants.co.uk/agriculture/roadmap-for-flood-and-climate-resilience/) mitigation. To address the major declines in biodiversity that will only be accelerated by a changing climate, the report sets out a need for more land to be dedicated to nature conservation to act as refuges for nature and to mitigate against climate change – such as coastal wetlands to combat flood risks. However, with such demand on land, it will need to provide multiple benefits to people and nature. The Environment Agency has a leading role to play in restoring or recreating new wildlife-rich habitat in England. Recent projects include peat restoration at Great Fen, Cambridgeshire, which will save 325,000 tonnes of CO2 from being released each year while restoring habitats for threatened fenland species and protecting surrounding towns, villages and farmland from the risk of flooding after heavy rainfall. The report identifies such nature-based solutions as a crucial tool in restoring nature and achieving multiple other benefits. By working with nature, including tree planting, peat restoration, species reintroductions and natural flood management, it suggests there are opportunities to restore biodiversity, whilst providing other benefits such as carbon sequestration, flood protection and clean and plentiful water. The report also says action will also be required to address the levels of consumption in wealthy countries, which contribute to the loss of biodiversity, and that sustained effort will be required from many people and organisations at forums like the [COP 15 meeting](https://www.unep.org/events/conference/un-biodiversity-conference-cop-15) of the [UN Convention on Biological Diversity](https://www.un.org/en/observances/biological-diversity-day/convention) to tackle the effects of global consumption, production and supply chains. If you require advice on environmental issues, [please contact one of the Ashbrooke team.](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us") **Categories:** Agriculture, Environment, Waste **Tags:** biodiversity, COP 15, environment, Environment Agency, habitat, nature --- ### [Steel company fined for safety breaches](https://ashbrookeconsultants.co.uk/health-and-safety/steel-company-fined-for-safety-breaches/) **Published:** August 8, 2022 **Author:** Administrator **Content:** A northeast steel company has been fined for safety breaches after inspectors visited a site in Bishop Auckland, County Durham. Acting on concerns raised, the [Health and Safety Executive (HSE)](https://www.hse.gov.uk/) visited the steel supplies site in 2019, finding wholly inadequate management of health and safety. It also came to light that; two workers had been injured on separate occasions whilst operating machinery at the premises. In June 2019, an employee was struck and injured by a work piece and suffered an injury to his right hand. In July 2019, an agency worker suffered a finger amputation whilst manually removing a piece of metal near the unguarded blade of another machine. An investigation by [HSE](https://www.hse.gov.uk/index.htm "HSE") found the company had failed to prevent access to the dangerous moving parts on both machines. These machines were metal rebar forming machines and had been used at the site for a number of years. In addition to the guarding faults, the HSE also found the emergency stop and safety devices wired out on one of the machines. Furthermore, the machinery risk assessments were substandard, and staff were trained to operate the machines in an unsafe manner. The company also had a forklift truck in daily use, despite it having defective brakes. Midland Steel Reinforcement Supplies (UK) Limited, of Motherwell pleaded guilty to breaching Sections 2(1) of the [Health & Safety at Work etc Act 1974](https://www.legislation.gov.uk/ukpga/1974/37/contents), Regulations 5(1) and 11(1) of the [Provision and Use of Work Equipment Regulations 1998](https://www.legislation.gov.uk/uksi/1998/2306/contents/made) and Regulation 9(3) of the [Lifting Operations and Lifting Equipment Regulations 1998](https://www.legislation.gov.uk/uksi/1998/2307/contents/made). At Durham Crown Court, the company was fined £450,000 and ordered to pay £41,23.51 costs. > *“Companies have a duty of care to those they [employee](https://ashbrookeconsultants.co.uk/health-and-safety/employee-died-while-loading-lorry/) and HSE will not hesitate to take appropriate enforcement action.”* > > HSE inspector Clare Maltby ![safety breaches](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/07/work-tractor-asphalt-transport-construction-vehicle-605769-pxhere.com_-1024x683.jpg)Work equipment must be suitable for the task and maintained (stock image)## Work Equipment The Provision and Use of [Work Equipment](https://ashbrookeconsultants.co.uk/health-and-safety/recycling-company-fined-3-million/) Regulations 1998, often abbreviated to PUWER, place duties on people and companies who own, operate or have control over work equipment. PUWER also places responsibilities on businesses and organisations whose employees use work equipment, whether owned by them or not. PUWER requires that equipment provided for use at work is: - suitable for the intended use - safe for use, maintained in a safe condition and inspected to ensure it is correctly installed and does not subsequently deteriorate - used only by people who have received adequate information, instruction and training - accompanied by suitable [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/bernard-mathews-worker-paralysed/) measures, such as protective devices and controls. These will normally include guarding, emergency stop devices, adequate means of isolation from sources of energy, clearly visible markings and warning devices - used in accordance with specific requirements, for mobile work equipment and power presses Some work equipment is subject to other [health and safety legislation](https://ashbrookeconsultants.co.uk/health-and-safety/how-to-identify-health-safety-legislation-for-your-business/) in addition to PUWER. For example, lifting equipment must also meet the requirements of LOLER, pressure equipment must meet the Pressure Systems Safety Regulations and personal protective equipment must meet the PPE Regulations. If your business or organisation uses work equipment or is involved in providing work equipment for others to use (e.g. for hire), you must manage the risks from that equipment. This means you must: - ensure the equipment is constructed or adapted to be suitable for the purpose it is used or provided for - take account of the working conditions and health [and safety](https://ashbrookeconsultants.co.uk/health-and-safety/school-technician-lost-a-finger/) risks in the workplace when selecting work equipment - ensure work equipment is only used for suitable purposes - ensure work equipment is maintained in an efficient state, in efficient working order and in good repair - where a machine has a maintenance log, keep this up to date - where the safety of work equipment depends on the manner of installation, it must be inspected after installation and before being put into use - where work equipment is exposed to deteriorating conditions liable to result in dangerous situations, it must be inspected to ensure faults are detected in good time so the risk to [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/radiation-breach-prosecution/) is managed - ensure that all people using, supervising or managing the use of work equipment are provided with adequate, clear [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/fire-safety/) information. This will include, where necessary, written instructions on its use and suitable equipment markings and warnings - ensure that all people who use, supervise or manage the use of work equipment have received adequate training, which should include the correct use of the equipment, the risks that may arise from its use and the precautions to take - where the use of work equipment is likely to involve a specific risk to [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/nestle-newcastle-factory-fine/) (eg woodworking machinery), ensure that the use of the equipment is restricted to those people trained and appointed to use it - take effective measures to prevent access to [dangerous parts of machinery](https://ashbrookeconsultants.co.uk/food-safety/dangerous-machinery-leads-to-fine/). This will normally be by fixed guarding but where routine access is needed, interlocked guards (sometimes with guard locking) may be needed to stop the movement of dangerous parts before a person can reach the danger zone. Where this is not possible, such as with the blade of a circular saw, it must be protected as far as possible and a safe system of work used. These protective measures should follow the hierarchy laid down in PUWER regulation 11(2) and the PUWER Approved [Code of Practice](https://ashbrookeconsultants.co.uk/food-safety/food-law-code-consultation/) and guidance or, for woodworking machinery, the Safe use of woodworking machinery: Approved Code of Practice and guidance - take measures to prevent or control the risks to people from parts and substances falling or being ejected from work equipment, or the rupture or disintegration of work equipment - ensure that the risks from very hot or cold temperatures from the work equipment or the material being processed or used are managed to prevent injury - ensure that work equipment is provided with appropriately identified controls for starting, stopping and controlling it, and that these control systems are safe - where appropriate, provide suitable means of isolating work equipment from all power sources (including electric, hydraulic, pneumatic and gravitational energy) - ensure work equipment is stabilised by clamping or otherwise to avoid injury - take appropriate measures to ensure maintenance operations on work equipment can be carried out safely while the equipment is shut down, without exposing people undertaking maintenance operations to [risks to their health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/transport-safety-failures/) When providing new work equipment for use at work, you must ensure it conforms with the essential requirements of any relevant product supply law (for new machinery this means the Supply of Machinery (Safety) Regulations). You must check it: - has appropriate conformity marking and is labelled with the manufacturer’s details - comes with a Declaration of Conformity - is provided with instructions in English - is free from obvious defects – and that it remains so during its working life ## Risk Assessments Employers are required by law to protect your employees, and others, from harm. Under the Management of [Health and Safety at Work](https://ashbrookeconsultants.co.uk/health-and-safety/leading-health-safety-at-work/) Regulations 1999, the minimum an employer must do is: - identify what could cause injury or illness in your business (hazards) - decide how likely it is that someone could be harmed and how seriously (the risk) - take action to eliminate the hazard, or if this isn’t possible, control the risk Assessing risk is just one part of the overall process used to control risks in the workplace. For most small, low-risk businesses the steps that employers need to take are straightforward. Risk management is a step-by-step process for controlling [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/cleveland-potash-fined-3-6m-following-accidents/) risks caused by hazards in the workplace. An employer can undertake the risk assessment themselves or appoint a competent person to help. The five steps of a risk assessment are: - Identify hazards - Assess the risks - Control the risks - Record your findings - Review the controls ## Identify Hazards Look around your workplace and think about what may cause harm (these are called hazards). Think about: - how people work and how plant and equipment are used - what chemicals and substances are used - what safe or unsafe work practices exist - the general state of your premises Look back at previous accident and ill health records as these can help you identify less obvious hazards. Take account of non-routine operations, such as maintenance, cleaning or changes in production cycles. Think about hazards to health, such as manual handling, use of chemicals and causes of work-related stress. For each hazard, think about how employees, contractors, visitors or members of the public might be harmed. Some workers have particular requirements, for example young workers, migrant workers, new or expectant mothers and people with disabilities. Ensure that you involve your employees as they will usually have good ideas. ## Assess the risks Once you have identified the hazards, decide how likely it is that someone could be harmed and how serious it could be – this is assessing the level of risk. In assessing the level of risk, decide: - Who might be harmed and how - What you’re already doing to control the risks - What further action you need to take to control the risks - Who needs to carry out the action - When the action is needed by ## Control the risks Look at what you are already doing, and the controls you already have in place to ensure the safety of workers and others. Consider: - Can I get rid of the hazard altogether? - If not, how can I control the risks so that harm is unlikely? If you need further controls, consider: - redesigning the job - replacing the materials, machinery or process - organising your work to reduce exposure to the materials, machinery or process - identifying and implementing practical measures needed to work safely - providing personal protective equipment and making sure workers wear it Put the controls you have identified in place. It is important to remember that you are not expected to eliminate all risks but you need to do everything **‘reasonably practicable’** to protect people from harm. This means balancing the level of risk against the measures needed to control the real risk in terms of money, time or trouble. ## Record your findings If you employ 5 or more people, you must record your significant findings, including: - the hazards (things that may cause harm) - who might be harmed and how - what you are doing to control the risks The HSE has a number of [example risk assessments](https://www.hse.gov.uk/simple-health-safety/risk/risk-assessment-template-and-examples.htm) on its website as a guide for employers. Employers should not rely purely on paperwork, as the main priority should be to control the risks in practice. ## Review the controls You must review the controls you have put in place to make sure they are working. You should also review them if: - they may no longer be effective - there are changes in the workplace that could lead to new risks such as changes to: - staff - a process - the substances or equipment used Also consider a review if your workers have spotted any problems or there have been any accidents or near misses. You should then update your risk assessment record with any changes you make. If you require advice on health and safety in your workplace, [please contact one of the Ashbrooke team.](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us") **Categories:** Health and Safety, Prosecutions **Tags:** Health and Safety, prosecutions, risk, work equipment, working at height --- ### [Safe Systems of Work](https://ashbrookeconsultants.co.uk/compliance/safe-systems-of-work/) **Published:** August 26, 2022 **Author:** Administrator **Excerpt:** ISO 45001 is an international standard for health and safety at work developed by national and international standards committees independent of government.  **Content:** A lack of safe systems of work resulted in a cargo handling company being fined after the employee was fatally crushed at a container park in Portsmouth. On 25 August 2017, Mr Mieczyslaw Tadeusz Siwak, a 34-year-old father-of-one, was working for Portico Shipping Limited (formerly MMD (Shipping Services) Limited) on the night shift in the container park. His job was to connect refrigerated container units to electrical supplies, which his colleague had lifted into position for him using a container stacker vehicle. It was during one of these manoeuvres that Mr Siwak was fatally crushed between two containers. An investigation by the [Health and Safety Executive (HSE)](https://www.hse.gov.uk/) found that the company routinely failed to provide adequate supervision of operatives and drivers working on the night shift to ensure safe systems of work were followed. This included failure to use safe walkways to segregate pedestrians from vehicles and the safe operation of container stackers by driving with shipping containers in the raised position to allow visibility. Portico Shipping Limited of Guildhall Square, Portsmouth, Hampshire pleaded guilty to breaching Section 2(1) of the [Health & Safety at Work etc. Act 1974](https://www.legislation.gov.uk/ukpga/1974/37/contents). At Portsmouth Magistrates’ Court the company was fined £200,000 and ordered to pay costs of £15,631.61. > “Safe systems of work should be in place on sites with moving vehicles to prevent pedestrians coming into contact with traffic or moving machinery. When moving containers by container stacker, the load should be transported as low as possible whilst maintaining full line of sight. > > “Supervisors must be given the necessary instruction and training to implement the safe systems of work and manage hazards during operation processes. > > “This tragic incident was entirely preventable had the correct safety management procedures and supervision been in place at the site.” > > HSE inspector Rebecca Lumb ## Safe Systems of Work A formal management system or framework can help you manage health and safety and ensure that you have safe systems of work in place – the decision whether to use a recognised management system is up to employers and it is not a requirement of the [HSE](https://www.hse.gov.uk/index.htm "HSE"). Examples include: National and international standards such as: - [ISO 45001](https://www.iso.org/standard/45001 "ISO 45001"):2018 Occupational health and safety management systems – Requirements with guidance for use - BS EN [ISO 9001](https://www.iso.org/standard/9001 "ISO 9001"):2015 Quality management system in-house standards, procedures or codes sector-specific frameworks such as the: - Energy Institute’s High-level framework for process safety management - Chemical Industries Association’s Responsible Care framework Although the language and methodology vary, the key actions can usually be traced back to Plan, Do, Check, Act methodology. ![safe systems of work](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/pexels-burst-544965-1024x683.jpg)Is a certified management system right for your business?**HSE Position on [ISO 45001](https://ashbrookeconsultants.co.uk/iso-45001/)** ISO 45001 is an international standard for [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/fire-safety/) at work developed by national and international standards committees independent of government. Introduced in March 2018, it replaced the current standard ([BS OHSAS 18001](https://www.bsigroup.com/en-IN/BS-OHSAS-18001/)) which will be withdrawn. Businesses had a three-year period to move from the old standard to the new one. Businesses are not required by law to implement ISO 45001 or other similar management standards, but they can help provide a structured framework for ensuring a safe and healthy workplace. If your organisation is small or low-risk, you will probably be able to demonstrate effective [risk management without a formal management system](https://ashbrookeconsultants.co.uk/governance/risk-management-in-the-uk/). A simpler and less bureaucratic approach may be more appropriate such as that outlined in HSE’s guidance [on health and safety made simple](https://www.hse.gov.uk/simple-health-safety/). Implementing ISO 45001 may help your organisation demonstrate compliance with [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/new-electrical-safety-duties-for-landlords/) law. But, in some respects, it goes beyond what the law requires, so consider carefully whether to adopt it. If your organisation already has a developed [health and safety](https://ashbrookeconsultants.co.uk/agriculture/farms-are-not-playgrounds/) management structure, or you are familiar with other management standards, it may be straightforward for you to adopt ISO 45001. However, if your organisation is small, with less formal management processes, you may find it difficult to interpret what the standard asks for or gauge what proportionate implementation looks like. This may particularly be the case if you are adopting management standards to meet supply chain requirements of customers or contracting bodies. The HSE has expressed concern about the practical implementation of the standard, including audit and certification, and whether it can be easily tailored to work effectively for organisations of all sizes and levels of complexity in a way that’s in proportion to the risks they must control. Contracting bodies and customers should therefore ask themselves whether the supplier really needs certification to 45001, or whether they can demonstrate competence in managing [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/recycling-company-fined-3-million/) using other means. **Compliance with [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/electric-shock-prosecutions/) law** HSE inspectors continue to rely on a wide range of evidence and observations when assessing an organisation’s compliance with [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/roofing-contractor-jailed/) law, not just whether they claim to meet the ISO 45001 standard or not. The HSE’s guide on managing for health and safety ([HSG 65](https://www.hse.gov.uk/pubns/priced/hsg65.pdf)) may help your organisation as it provides a clear process-based approach to risk management. However, adopting a formalised management system approach, whether HSG65 or ISO 45001, may not be the most appropriate model for your businesses, particularly if it is small or low-risk. **Certification** Your organisation can apply the standard to your activities (in full, or in part) to help provide evidence of good [health and safety](https://ashbrookeconsultants.co.uk/agriculture/hello-world-2/) management, and improvements made, without getting certification. However, you can only claim to conform to the standard if it is implemented fully. **Audit** To implement ISO 45001 in a proportionate way, auditors or certifiers should understand that it needs to be (i) tailored to an organisation’s size and level of complexity, and (ii) in proportion to the risks. You should ensure that any auditor or certifier you use has evidence that they are competent to a recognised standard. The certification body should be accredited by either the United Kingdom Accreditation Service (UKAS) for ISO 45001 or an equivalent accretion body that is member of the European Cooperation for Accreditation (EA) or the International Accreditation Forum (IAF). **Documentation** Businesses should try to keep [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/explosion-prosecution/) documents functional and concise, with the emphasis on their effectiveness rather than sheer volume of paperwork. Focusing too much on the formal documentation of a [health and safety management system](https://ashbrookeconsultants.co.uk/health-and-safety/engineer-tragically-died-working-near-river/) will distract you from addressing the human elements of its implementation – the focus becomes the process of the system itself rather than actually controlling risks. **Attitudes and behaviours** Effectively managing for [health and safety and having safe systems of work](https://ashbrookeconsultants.co.uk/health-and-safety/leading-health-safety-at-work/) is not just about having a management or safety management system. The success of whatever process or system is in place still hinges on the attitudes and behaviours of people in the organisation (this is sometimes referred to as the ‘safety culture’). The HSE has published [Are you doing what you need to do?](https://www.hse.gov.uk/managing/management-system/index.htm) Which provides examples of what positive health and safety attitudes and behaviours will look like in the workplace. On the other hand, the examples provided of ‘What it looks like when done badly or not at all’ could indicate underlying cultural issues which employers should address. Our health, safety and environmental consultants have experience in implementing management systems into client operations including [ISO 9001](https://www.iso.org/iso-9001-quality-management.html), [ISO 14001](https://www.iso.org/iso-14001-environmental-management.html) and [ISO 45001](https://www.iso.org/iso-45001-occupational-health-and-safety.html). If your business needs advice and support with your management system, [please contact one of the Ashbrooke team.](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us") **Categories:** Compliance, Health and Safety, Management systems, Prosecutions **Tags:** audit, certification, Health and Safety, ISO 45001, management systems, prosecutions, safe systems of work --- ### [Serious waste offences](https://ashbrookeconsultants.co.uk/environment/serious-waste-offences/) **Published:** September 30, 2022 **Author:** Administrator **Content:** Waste offences in Darlington have resulted in a Darlington man been given a two-year community order to incorporate 20 rehabilitation activity days and 300 hours unpaid work after magistrates in Middlesbrough sentenced him for serious waste offences. He was also disqualified from acting as a company director for three years and ordered to pay £490 costs. John Burnside Jones (26), of Coniscliffe Road, Darlington was sentenced at Teesside Magistrates’ Court on Friday 2 September 2022 having previously pleaded guilty to involvement in illegally misdescribing waste for financial gain. ![Serious waste offences](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/09/Darlington-Waste-prosecution.jpg)Courtesy of the Environment Agency [Environment Agency](https://www.gov.uk/government/organisations/environment-agency) officers visited Jones’ waste operation at the Trinity Works site in Haverton Hill, Billingham in January 2019. They found the business to be processing large volumes of waste types which the site’s [environmental permit](https://www.gov.uk/topic/environmental-management/environmental-permits) did not allow. The site was also found to lack the required [management systems to deal with the environmental risks](https://ashbrookeconsultants.co.uk/governance/risk-management-in-the-uk/). Jones was served with notices requiring details of the site’s waste but failed to respond to these in full. Further investigations by the [Environment Agency](https://ashbrookeconsultants.co.uk/waste/what-uk-waste-laws-apply-to-small-businesses/) revealed that between September 2018 and February 2019, over 6,000 tonnes of unpermitted, combustible waste had been transported to the site from as far away as Bristol. Jones had then transported more than 11,000 tonnes of inert waste soils to a nearby landfill site during the same period. The discrepancy between the volumes of incoming and outgoing waste was a result of Jones mixing incoming waste with soil and stones left from previous site operations and falsely describing this resulting mixture as inert waste. Inert waste incurs significantly lower landfill tax per tonne and may also be disposed of at a much-reduced rate at landfill facilities without the same level of safeguards and protections as would otherwise be required. By fraudulently misdescribing the waste, Jones was able to make large sums of money by flouting his environmental obligations. In mitigation, Jones stated that although his company had operated the site, he had limited direct involvement and had been very naïve in relying upon others to run the site for him. He had never previously been in trouble and fully co-operated with the investigation. He admitted that he had never seen the site’s environmental permit and was oblivious to its requirements. The court ruled that the offending was deliberate and committed for financial gain. At an earlier hearing the permit holder James William Mason, 64, of Camden Street, Stockton-on-Tees had pleaded guilty to allowing the illegal waste activities to be undertaken on his site and was ordered to pay a total of £2,528 in fines and costs. > The conditions of an environmental permit are designed to protect people and the environment. Failure to comply with these legal requirements is a serious offence that can damage the environment, undermine local legitimate environmental permit holders, put jobs at risk and cause misery for local communities. > > We welcome sentencing by the Court, which should act as a deterrent to others considering flouting the law. > > A spokesperson for the [Environment Agency](https://ashbrookeconsultants.co.uk/environment/proven-skip-boss-receives-a-suspended-prison-term/) In most situations waste can only be kept on land if there is an environmental permit in place. The permit will contain a number of conditions which must be observed in order to protect the environment. Failure to comply with the conditions of an environmental permit is a criminal offence which can be committed by the permit holder as well as the person conducting the activities if they are different. Any transfer of waste from one party to another must be accompanied by a controlled waste transfer note which accurately describes the waste and contains the relevant six-digit waste category code. If you require advice or support for your waste business, [please contact one of the Ashbrooke team.](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us") **Categories:** Environment, Prosecutions, Waste **Tags:** environment, Environment Agency, permit, prosecutions --- ### [What Does an ISO 14001 Legal Register Need to Contain?](https://ashbrookeconsultants.co.uk/environment/what-does-an-iso-14001-legal-register-need-to-contain/) **Published:** September 15, 2026 **Author:** Administrator **Excerpt:** Learn exactly what an ISO 14001 legal register needs to include, from Clause 6.1.3 compliance obligations to common audit pitfalls. Expert guidance. **Content:** If you are working towards [ISO 14001 certification](https://www.iso.org/standard/60857.html), or maintaining it, the legal register is one of the areas auditors return to again and again. As with its ISO 45001 counterpart, it looks straightforward on paper — a list of environmental laws that apply to your business — but in practice it is one of the most common sources of non-conformities. This article follows on from our piece on the [ISO 45001 legal register, ](https://ashbrookeconsultants.co.uk/compliance/what-does-an-iso-45001-legal-register-need-to-contain/)and covers the environmental equivalent: what a compliant ISO 14001 legal register needs to contain, why it matters, and how to keep it audit-ready. ## What Is a Legal Register Under ISO 14001? A legal register for ISO 14001 (referred to in the standard as “compliance obligations”) is a structured record of all the environmental laws, regulations, permits, consents, and other obligations that apply to your organisation’s activities, products, and services. Clause 6.1.3 of ISO 14001:2026 requires organisations to determine and have access to up-to-date compliance obligations related to its environmental aspects, to determine how these apply to the organisation, and to keep this information current. The register is how you evidence that this has been done. It is worth noting that [ISO 14001](https://ashbrookeconsultants.co.uk/iso-14001/) deliberately moved away from the term “legal register” in favour of “compliance obligations” to reflect that the scope is broader than statute law — but in practice, most organisations (and most auditors) still refer to it as the legal register, and we will use both terms here. ## Why It Matters More Than It Looks Just as with an OH&S legal register, this document is not a compliance checkbox — it is the foundation your environmental [management system](https://ashbrookeconsultants.co.uk/compliance/the-difference-between-generic-and-bespoke-legal-registers/) (EMS) is built on. It drives your aspects and impacts assessment, your operational controls, your monitoring and measurement programme, and your internal audit criteria. If the register is wrong or incomplete, everything built on top of it is at risk too. Auditors will typically test the register in two directions: - **Top-down** — picking an environmental aspect (e.g. a waste stream, an emission point, a chemical store) and checking the relevant legislation is listed. - **Bottom-up** — picking an entry in the register and asking how it is being met in practice, such as through a permit condition or monitoring record. If either direction breaks down, it is usually flagged as a non-conformity. ## Core Elements Every Entry Should Include While the exact format can vary, a robust [legal register](https://ashbrookeconsultants.co.uk/governance/why-your-company-needs-a-legislation-register/) entry should contain the following information for each requirement: 1. **Legislation or requirement title** — the specific act, regulation, permit, licence, or other obligation (e.g. environmental permit condition, corporate group standard, client contractual clause). 2. **Reference number or citation** — the official identifier so it can be traced back to source. 3. **Jurisdiction** — which country, state, or region it applies to, especially important for multi-site organisations with different permit regimes. 4. **Summary of the requirement** — a plain-language description of what the law or permit condition actually requires, avoiding a copy-paste of dense legal text. This is often where expert consultants can be beneficial in interpreting the requirement for your business operations. 5. **Applicability** — why and how this requirement applies to your specific sites, processes, or environmental aspects. Generic entries (“Environmental Protection Act applies to all businesses”) are a common audit finding. 6. **Compliance status** — a clear statement of whether you currently comply, partially comply, or are working towards compliance. Particularly useful when first implementing [ISO 14001](https://www.iso.org/standard/14001 "ISO 14001"). 7. **Evidence of compliance** — links or references to the specific permits, monitoring data, procedures, or records that demonstrate compliance. 8. **Responsible person or role** — who owns the register and is accountable for maintaining compliance. 9. **Review date and frequency** — when it was last checked and when it is next due for review. 10. **Source of update information** — how you monitor for changes (e.g. legislation update service, environmental regulator bulletin, trade body alert). 11. **Date of last legislative change** — useful for showing the register reflects the current version of the law or permit, not an outdated one. ## Beyond Statutory Law: “Other Requirements” Like [ISO 45001](https://www.iso.org/standard/45001 "ISO 45001"), ISO 14001 explicitly extends beyond legislation to other compliance obligations the organisation has to, or chooses to, meet. These are easy to miss but often specifically probed by auditors. In an environmental context, they may include: - Environmental permits, licences, and consents (waste, water discharge, emissions to air) - Industry [codes of practice](https://ashbrookeconsultants.co.uk/food-safety/food-law-code-consultation/) and sector environmental guidance - Client or contractual environmental requirements - Corporate group environmental standards (for multi-site or multinational organisations) - Voluntary agreements, industry schemes, or accreditation body conditions - Producer responsibility obligations (e.g. packaging, WEEE, battery regulations) If your register only lists statutory legislation and ignores these, it will not fully meet the clause requirement. ![Your ISO 14001 legal register must include obligations as well as legislation](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/pexels-alenka-skvarc-11948516.jpg)Your ISO 14001 legal register must include obligations as well as legislation## How to Structure the Register There is no single structure every register must follow, and it is often shaped by the size, sector, and complexity of the organisation. Most organisations use a spreadsheet, a document, or a dedicated compliance software tool. Common groupings for an ISO 14001 register include: - General environmental legislation - Waste management and disposal - Water and effluent discharge - Air emissions - Hazardous and chemical substances - Energy and resource use - Sector-specific legislation (construction, manufacturing, healthcare, etc.) - Packaging and producer responsibility Structuring it this way makes the register easier to cross-reference against your aspects and impacts register and operational controls, and much faster to navigate during an audit. ## Keeping It Live: Review and Monitoring A legal register is only useful if it stays current. ISO 14001 requires that this information be kept up to date, so your process needs to show: - A defined review frequency (many organisations review quarterly, with a full review annually) - A named responsible person for monitoring legislative and permit changes — this can be an internal representative or an external consultant - A method for capturing changes (legal update subscription services are common, as manually tracking regulator publications is unreliable) - A record of how changes were assessed and, where relevant, action taken (updated aspects and impacts assessments, new controls, revised monitoring) ## Common Mistakes to Avoid - **Treating it as a one-off exercise.** Registers built once for certification and never revisited are one of the most frequent non-conformities. - **Copying generic templates without tailoring.** A register that does not reflect your actual sites, processes, and environmental aspects will not withstand scrutiny. - **No link to evidence.** Listing a requirement without showing how it is actually met leaves a gap between the register and reality. - **Missing permit conditions.** Focusing only on primary legislation and overlooking the specific conditions attached to site permits and licences. - **No ownership.** Without a named responsible person, updates tend to fall through the cracks. ## Do I Need a Legal Register for ISO 14001 Certification? Yes. A legal register (compliance obligations register) is a mandatory requirement of Clause 6.1.3 and is one of the first documents an auditor will ask to see, both at initial certification and at every surveillance audit. Without one, an organisation cannot demonstrate it has identified and is managing its environmental compliance obligations, which is a core requirement of the standard. ## Final Thoughts A well-built legal register does more than satisfy Clause 6.1.3 — it becomes a working tool that keeps your entire environmental [management system](https://ashbrookeconsultants.co.uk/environment/tcm-attendance-changes/) grounded in what the law, your permits, and your other obligations actually require. Getting the structure right from the start, and building in a genuine review cycle, is what separates a register that passes audit from one that merely exists on paper. If you are managing both standards together, it is worth reading this alongside our [companion article on the ISO 45001 legal register ](https://ashbrookeconsultants.co.uk/compliance/what-does-an-iso-45001-legal-register-need-to-contain/)— many organisations choose to maintain a single combined register covering both health and safety and environmental obligations, provided it clearly distinguishes between the two. If you would like support building or auditing your legal register as part of your ISO 14001 journey, [get in touch with our team for a consultation.](https://ashbrookeconsultants.co.uk/contact-us/) **Categories:** Compliance, Environment, Governance **Tags:** environment, governance, ISO 14001 --- ### [Building contractor sentenced over unsafe work](https://ashbrookeconsultants.co.uk/health-and-safety/building-contractor-sentenced-over-unsafe-work/) **Published:** August 2, 2022 **Author:** Administrator **Content:** Building contractor sentenced after unsafe work methods constituted a public risk and resulted in asbestos being disturbed. Preston Crown Court heard that in November 2020, Mr Mohammed Shafiq, owner of a roller shutter business, purchased a former warehouse in Manner Sutton Street, Blackburn to convert into smaller work units, including one for his own use – Mr Shafiq was using his own employees for this. A report was received by the [Health and Safety Executive (HSE)](https://www.hse.gov.uk/) from a member of the public, concerned about the fact that bricks from the blocked-up windows were being knocked out from inside onto the street below, causing risk to passers-by. The HSE investigation found that as well as the risk posed to pedestrians, no edge protection had been installed to prevent the employees from falling. They were also at risk of an internal fall down an open shaft. Additionally, an asbestos survey had not been carried out on the building prior to work commencing. ![Building contractor sentenced over unsafe work](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/pexels-kindel-media-8488031-1024x768.jpg)Refurbishment projects may require an asbestos survey (stock image)As a result, piles of disturbed asbestos containing materials (ACMs) such as asbestos cement and insulation, were lying throughout the site. Workers were dry sweeping construction dust and debris possibly containing carcinogenic asbestos dusts without any respiratory protective equipment or suitable personal protective equipment. None of the workers had been provided with any training in asbestos awareness. Live electric cables were being trailed through water without RCD protection, posing a risk of electric shock, and there was a general lack of training and suitable equipment for work to be carried out in a safe manner. An experienced principal contractor should have been hired to assess risks and undertake refurbishment work in a controlled manner. The building contractor sentenced over unsafe work was Mohammed Shafiq of Blackburn who pleaded guilty to breaching Regulation 5 of the Control of Asbestos Regulations 2012, Regulation 4 of the Construction (Design and Management) Regulations 2015 and Regulation 4 of the [Work at Height](https://ashbrookeconsultants.co.uk/health-and-safety/work-at-height/) Regulations 2005. He received a 12-month suspended sentence and was fined £5,000 and ordered to pay costs of £4,636.08 [HSE](https://www.hse.gov.uk/index.htm "HSE") inspector Christine McGlynn said after the hearing: *“The public can be reassured that HSE takes concerns seriously and will not hesitate to investigate thoroughly and [prosecute](https://ashbrookeconsultants.co.uk/health-and-safety/explosion-prosecution/) those who put workers and members of the public at risk.’’* Construction projects require detailed planning to ensure that they are carried out safely. The appointment of a principal contractor to plan and coordinate the construction project will help to ensure activities are done safely. Workers engaged in construction activities should be competent and have a good understanding of safe working practices. Where construction involves disturbing the fabric of a building, an assessment is required in respect of asbestos. Asbestos containing materials may be present in any building which was constructed or refurbished before 2000 and it may be necessary to engage a specialist asbestos contractor to undertake an intrusive survey. If you require advice on health and safety in your workplace, [please contact one of the Ashbrooke team.](https://ashbrookeconsultants.co.uk/contact-us/) **Categories:** Health and Safety, Prosecutions **Tags:** asbestos, building, Construction, Health and Safety, HSE, prosecutions --- ### [Dairy farmer pollution prosecution](https://ashbrookeconsultants.co.uk/agriculture/dairy-farmer-pollution-prosecution/) **Published:** July 22, 2024 **Author:** Administrator **Excerpt:** A Wellington dairy farmer pollution prosecution following incident after slurry entered watercourse. A farmer has been given 14 weeks in prison suspended for a year and ordered to pay £10,000 costs after he persistently allowed slurry to run off into a stream **Content:** A Wellington dairy farmer pollution prosecution following incident after slurry entered watercourse. A farmer has been given 14 weeks in prison suspended for a year and ordered to pay £10,000 costs after he persistently allowed slurry to run off into a stream near his farm. David Bartlett, aged 70, of Upcott Dairy Farm, Sampford Arundel, Wellington, appeared for sentencing before District Judge Brereton at Taunton magistrates’ court on Thursday 18 July. ![Dairy farmer pollution prosecution](https://ashbrookeconsultants.co.uk/wp-content/uploads/2024/07/s300_Bartlett_prosecution_-_pollution.jpg)He had previously pleaded guilty to three offences relating to pollution to the Westford stream, a tributary of the River Tone. He was also ordered to pay £154 victim surcharge. In a case brought by the [Environment Agency](https://www.gov.uk/government/organisations/environment-agency), the court heard that the farm had a long history of failing to properly contain slurry and had been warned several times in the past for causing pollution of the Westford stream. In October 2022, Agency officers installed remote monitoring equipment on the stream which confirmed regular [pollution](https://ashbrookeconsultants.co.uk/agriculture/agency-has-downgraded-pollution-prosecutions/) events were continuing to occur. Using the data from the remote monitoring, officers went to the monitoring site in December 2022 where they found significant amounts of sewage fungus contaminating the bed of the watercourse, an indication of persistent pollution. ## Pollution resulted in poor quality of water Continuing upstream towards Upcott Dairy Farm, colonies of bloodworm were evident. These are a species of pollution tolerant organism associated with poor [water quality](https://ashbrookeconsultants.co.uk/environment/river-habitat-survey-manual/). No invertebrate life forms were noted when stones in the stream bed were turned over, further indicating the poor quality of the water. [Near the farm](https://ashbrookeconsultants.co.uk/agriculture/staying-safe-near-cattle/), one of the officers saw a nearby ditch had suddenly started to discharge a significant amount of effluent with the appearance and smell of slurry. The source was quickly traced to an overflowing underground slurry tank on Upcott Dairy Farm. Officers also investigated the system used for applying slurry to fields. Typically, farmers will use slurry to provide nutrients to their crops or grass. Bartlett was using a simple pipe to dispose of slurry in a single location. Although not discharging slurry at the time of the pollution event inspection, it was clear there was significant contamination of slurry around the end of the pipe and evidence that slurry had tracked down the field toward the Westford stream. A subsequent visit found slurry being pumped on to waterlogged land with no attempt to use the slurry for crop benefit. The slurry was several inches thick in the field indicating it had been pumped over a prolonged duration in the same location. Toward the bottom of the field there was a significant build-up of mud and slurry either side of the gateway crossing the stream. This too presented a risk of further runoff pollution into the stream. ## Pollution survey revealed stream affected for 2.5km A biologist’s survey and report confirmed that the Westford stream had experienced repeated, acute and sustained chronic pollution events by slurry. Lack of slurry storage had led to slurry being pumped inappropriately on to a single patch of land where it was likely to run-off and cause pollution. ![Dairy farmer pollution prosecution](https://ashbrookeconsultants.co.uk/wp-content/uploads/2024/07/Bartlett_prosecution_-_sewage_fungus.jpg)Bartlett had failed, despite repeated warnings, to install slurry storage facilities that would allow slurry to be stored during winter when ground conditions were unsuitable. The report stated there had been “*a significant negative impact on the aquatic invertebrate community and water quality along 2.5km of Westford stream*.” Bartlett submitted a statement to the [Environment Agency](https://ashbrookeconsultants.co.uk/environment/proven-skip-boss-receives-a-suspended-prison-term/) in which he made limited admissions, implying others, such as his neighbour and the local authority were responsible. He denied deliberately pumping slurry into the watercourse. Judge Brereton said there were significant aggravating features in the case, including Bartlett having previously been warned over causing pollution, his failure to carry out proper checks or make structural improvements by way of an adequate, compliant slurry storage system which is capable of storing slurry having received funds from the [Rural Payments Agency](https://www.gov.uk/government/organisations/rural-payments-agency) to pay for infrastructure that would improve the environment and not cause significant, sustained pollution incidents. ## Dairy farmer repeatedly ‘failed to acknowledge’ advice David Womack of the [Environment Agency](https://ashbrookeconsultants.co.uk/environment/pollution-enforcement-undertaking/) said: *This farmer has, over the years, caused numerous pollution incidents and he has repeatedly failed to acknowledge the advice given or to improve the facilities for storing or properly using slurry.* *For over 30 years there has been legislation in place requiring all livestock farmers to have storage facilities capable of storing a minimum of four months’ slurry production. The 2018 Reduction and prevention of [Agricultural Diffuse Pollution Regulations now also require farmers](https://ashbrookeconsultants.co.uk/agriculture/hello-world-2/) to plan all applications of slurry in order to reduce the risk of pollution. Pumping slurry on to waterlogged land is unlawful and is likely to cause diffuse pollution.* *We hope Mr Bartlett will now work with us to voluntarily improve the facilities at Upcott Dairy Farm. If he doesn’t, we won’t hesitate to use other legislative powers to reduce the risk of further pollution* ## Pollution prosecution charges The charges against the defendant were: 1. On and before the 2 December 2022 you, David Bartlett, did cause an unpermitted water discharge activity, namely the discharge of poisonous, noxious or polluting matter from Upcott Dairy Farm, Sampford Arundel, Wellington, Somerset, into inland fresh waters contrary to Regulations 12(1)(b) and Regulation 38(1)(a) of the [Environmental Permitting (England and Wales) Regulations 2016](https://www.legislation.gov.uk/uksi/2016/1154/contents/made). 2. On and before the 2 December 2022 you, David Bartlett, a Land Manager did not ensure that organic matter, namely cattle slurry, was not applied to agricultural land that was waterlogged, flooded or snow covered in that you applied organic fertilizer to waterlogged ground contrary to Regulation 3(a) and 11 of the [Reduction and prevention of Agricultural Diffuse Pollution (England) Regulations 2018](https://www.legislation.gov.uk/uksi/2018/151/made) 3. On and before the 2 December 2022 you, David Bartlett, a Land Manager did not ensure that for each application of organic or manufactured fertilizer to agricultural land, the application was planned so as not to give rise to a significant risk of agricultural diffuse pollution contrary to Regulation 4(1)(a)(ii) and 11 of the [Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018](https://www.legislation.gov.uk/uksi/2018/151/made). ## Prevent pollution with effective slurry management Effective slurry management is crucial for both environmental sustainability and farm productivity. Here are some best practices for slurry management in the UK: 1. **Assess Nutrient Content**: Use tools like the Nutrient Management Guide (RB209) to determine the nutrient content of your slurry. [This helps in applying the right amount to meet crop needs](https://www.fwi.co.uk/livestock/guide-to-slurry-assessment-and-application). 2. **Proper Storage**: Ensure you have enough well-maintained storage to hold slurry until conditions are optimal for spreading. [Covering slurry stores or allowing a natural crust to form can reduce ammonia emissions](https://www.fwi.co.uk/livestock/guide-to-slurry-assessment-and-application). 3. **Application Timing**: Spread slurry when crops can best utilize the nutrients, typically during the growing season. [Avoid spreading during wet conditions to prevent runoff and water pollution](https://www.fwi.co.uk/livestock/guide-to-slurry-assessment-and-application). 4. [**Application Methods**: Use low-emission spreading techniques such as trailing shoe or injection methods to minimize ammonia loss and improve nutrient uptake by crops](https://www.fwi.co.uk/livestock/guide-to-slurry-assessment-and-application). 5. **Safety Measures**: Always prioritize safety when handling slurry. [Ensure proper ventilation and avoid entering enclosed slurry spaces due to the risk of toxic gases](https://www.fwi.co.uk/livestock/guide-to-slurry-assessment-and-application). 6. [**Compliance with Regulations**: Stay updated with local regulations and take advantage of available grants and support schemes, such as the Slurry Investment Scheme (SIS), to improve your slurry management practices](https://www.fwi.co.uk/livestock/guide-to-slurry-assessment-and-application). Implementing these practices can help you manage slurry more effectively, benefiting both your farm and the environment. If you require environmental advice for your business, please [contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/). > **Categories:** Agriculture, Environment, Prosecutions **Tags:** environment, Environment Agency, prosecution, prosecutions --- ### [What UK Waste Laws Apply to Small Businesses?](https://ashbrookeconsultants.co.uk/waste/what-uk-waste-laws-apply-to-small-businesses/) **Published:** September 24, 2026 **Author:** Administrator **Excerpt:** If you run a small business in the UK, you might assume that waste regulations are something only large industrial operators need to worry about. That assumption is both common and costly. Recent enforcement data suggests that 90% of organisations currently breaking waste law are SMEs with 0 to 50 employees. Whether you are a sole trader, a home-based business, or a limited company with a handful of staff, the legal duty of care for waste applies to you from the moment your business produces its first bag of rubbish. **Content:** If you run a small business in the UK, you might assume that waste regulations are something only large industrial operators need to worry about. That assumption is both common and costly. Recent enforcement data suggests that 90% of organisations currently breaking waste law are SMEs with 0 to 50 employees. Whether you are a sole trader, a home-based business, or a limited company with a handful of staff, the legal duty of care for waste applies to you from the moment your business produces its first bag of rubbish. This article breaks down the core UK waste laws that apply to small businesses, explains what has changed recently, and outlines the practical steps you need to take to stay compliant. ## The Foundation: Duty of Care Under the Environmental Protection Act 1990 The cornerstone of UK waste law is Section 34 of the [Environmental Protection Act 1990](https://www.legislation.gov.uk/ukpga/1990/43/contents), which imposes a legal “duty of care” on anyone who produces, imports, keeps, stores, transports, treats, or disposes of controlled waste. This duty is not limited to large corporations. It extends explicitly to landlords, home-based businesses, sole traders, and small and medium-sized enterprises. In practical terms, the duty of care requires you to take all reasonable steps to ensure your waste is stored safely and securely and is only transferred to an authorised person or business. You must not dump trade [waste at household recycling](https://ashbrookeconsultants.co.uk/waste/does-my-business-need-to-comply-with-the-waste-regulations/) centres or in domestic bins. You must use a licensed waste carrier, and you must complete and retain a Waste Transfer Note (WTN) for every transfer of non-hazardous waste. These records must be kept for a minimum of two years and can be inspected by council or [Environment Agency](https://www.gov.uk/government/organisations/environment-agency) officers at any time. Failure to comply is not a minor administrative matter. Councils across the UK are actively issuing Fixed Penalty Notices and Section 34 enforcement notices. In one recent four-month campaign in Northamptonshire, 55 formal warning notices and 16 Fixed Penalty Notices were issued for offences including duty of care breaches. ## Simpler Recycling: New Separation Requirements From 31 March 2025, new rules under the [Separation of Waste (England) Regulations 2025 ](https://www.legislation.gov.uk/uksi/2025/140/made)require businesses in England to separate recyclable materials into distinct waste streams. The core materials that must be segregated are paper and card, metal, plastic, and glass. Food waste must also be collected separately. There is some flexibility built into the system. Metal, glass, and plastic may be collected together in a combined stream if your waste contractor offers that option, and food waste can be collected alongside garden waste. Crucially, micro-firms with fewer than 10 full-time equivalent employees are temporarily exempt from these separation requirements until 31 March 2027. If your business has 10 or more employees, however, you should already be compliant. The Environment Agency has also introduced a [cost-recovery charging scheme ](https://www.gov.uk/guidance/environment-agency-fees-and-charges#hourly-rates-time-and-materials-charges)of £118 per hour for regulatory work connected to non-compliance, meaning that an inspection finding you in breach could result in a direct bill for the time the regulator spends investigating you. ## Hazardous Waste: Stricter Rules, Even for Tiny Quantities If your business produces any hazardous waste, the regulatory burden increases significantly. Hazardous waste includes items such as waste chemicals, fluorescent light tubes, used solvents, asbestos, waste oils, batteries, and certain electrical equipment. Even a couple of batteries or a single tube of adhesive falls within the scope of strict legal requirements. You must keep hazardous waste separate from non-hazardous waste and must not mix different types of hazardous waste together. You must complete a hazardous waste consignment note when the waste is removed from your premises, and you must keep consignment notes for three years. If your business produces, holds, or removes 500kg or more of hazardous waste in any 12-month period, you must register your premises with the [Environment Agency](https://ashbrookeconsultants.co.uk/environment/proven-skip-boss-receives-a-suspended-prison-term/) (or the relevant devolved regulator). Some premises are exempt if they produce less than 200kg in a year. Fines for producing or holding hazardous waste from unregistered premises can reach £5,000. ## Packaging Waste: The Extended Producer Responsibility Regime The [Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024](https://www.legislation.gov.uk/ukdsi/2024/9780348264654/contents)—commonly referred to as pEPR—came into force on 1 January 2026 and have significantly widened the scope of packaging waste obligations. Under the previous regime, only businesses with a turnover above £2 million that handled more than 50 tonnes of packaging were caught. Under pEPR, the threshold has dropped. Small businesses with an annual turnover of over £1 million that imported or supplied over 25 tonnes of packaging in the last calendar year are now classified as “small producers” and must register with the relevant regulator and submit annual data on their packaging volumes. Businesses with a turnover below £1 million and packaging tonnage below 25 tonnes are exempt from data collection and reporting obligations. Those with a turnover between £1 million and £2 million and packaging tonnage between 25 and 50 tonnes must register and report, but they are currently exempt from paying waste disposal fees and buying Packaging Recovery Notes (PRNs). If your business sells packaged goods online, distributes empty packaging, or imports packaged products, you should check whether you meet the “producer” definition under pEPR. ## Digital Waste Tracking: What Is Changing The UK is moving away from paper-based duty of care records towards a mandatory[ Digital Waste Tracking](https://www.gov.uk/government/publications/digital-waste-tracking-service/digital-waste-tracking-service) (DWT) service. The mandatory roll out was originally scheduled for April 2027 but has been delayed by six months to October 2027 to give operators, particularly SMEs, more time to prepare. Phase One of the service, which applies to waste received at permitted facilities, began in October 2026. Phase Two will extend the system to waste carriers, brokers, and dealers who arrange or transport waste movements. In the interim, you must continue to maintain robust paper or digital duty of care records. These remain legally required until DWT becomes mandatory. ![Waste laws apply to small businesses ](https://ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/bas-emmen-EXpa6pyXkHA-unsplash-1024x683.jpg)*[Waste laws apply to small businesses as well as large](https://ashbrookeconsultants.co.uk/agriculture/large-scale-illegal-waste-crime-in-staffordshire/) companies.* ## Devolved Differences: Scotland, Wales, and Northern Ireland Waste policy is devolved, which means the rules vary depending on where your business operates. Scotland: The [Waste (Scotland) Regulations 2012](https://www.legislation.gov.uk/ssi/2012/148) require all businesses to separate glass, metal, plastics, paper, and cardboard for recycling. Food businesses producing more than 5kg of food waste per week must present it for separate collection, and disposing of food waste into the sewer via a macerator is illegal in most areas. Wales: Since 6 April 2024, all workplaces in Wales have been required to separate paper and card, glass, metal, plastic, cartons, food waste (where 5kg or more is produced per week), small waste electrical and electronic equipment (sWEEE), and unsold textiles for collection. The Welsh regulations [apply regardless of business](https://ashbrookeconsultants.co.uk/health-and-safety/how-to-identify-health-safety-legislation-for-your-business/) size, with no micro-firm exemption. Northern Ireland: Businesses in Northern Ireland are subject to the duty of care under the Environmental Protection Act 1990 and must use registered waste carriers. Digital Waste Tracking will also apply across Northern Ireland as part of the UK-wide roll out. ## Practical Steps for Compliance If you run a [small business](https://ashbrookeconsultants.co.uk/compliance/do-small-businesses-need-a-health-and-safety-legal-register/), the following checklist will help you stay on the right side of the law: 1\. Confirm you have a licensed waste carrier. Ask to see their waste carrier registration number and verify it with the Environment Agency or [SEPA](https://www.sepa.org.uk/). 2\. Retain Waste Transfer Notes. Keep them for at least two years for non-hazardous waste and three years for hazardous waste consignment notes. 3\. Separate your recyclables. If you have 10 or more employees, you must already be segregating paper, card, metal, plastic, glass, and food waste. 4\. Check your packaging obligations. If your turnover exceeds £1 million and you handle more than 25 tonnes of packaging annually, register as a small producer under pEPR. 5\. Store waste securely. Prevent waste from escaping, causing litter, or attracting pests. 6\. Never use household waste services for business waste. This is a common breach that councils are actively enforcing. 7\. Compile a [register of legal obligations](https://ashbrookeconsultants.co.uk/compliance/do-small-businesses-need-an-environmental-legal-register/) for your business so you know what you have to do. ## How a Consultancy Can Help [Waste compliance](https://ashbrookeconsultants.co.uk/agriculture/hello-world-2/) is not static. The regulatory landscape is shifting rapidly, with Simpler Recycling, pEPR, and Digital Waste Tracking all phasing in over the coming years. For [small businesses without a dedicated compliance](https://ashbrookeconsultants.co.uk/compliance/can-too-much-corporate-governance-stifle-smes/) team, keeping track of these changes can feel overwhelming. A [specialist consultancy can help you audit your current waste arrangements](https://ashbrookeconsultants.co.uk/contact-us/), identify gaps in your duty of care documentation, advise on separation requirements, and prepare your business for the transition to digital tracking. The cost of getting it wrong—whether through Fixed Penalty Notices, [Environment Agency](https://ashbrookeconsultants.co.uk/environment/pollution-enforcement-undertaking/) cost-recovery charges, or reputational damage—far outweighs the cost of getting it right. **Categories:** Compliance, Environment, Governance, Waste **Tags:** environment, Environment Agency, governance --- ### [Waste exports prosecution](https://ashbrookeconsultants.co.uk/environment/waste-exports-prosecution/) **Published:** August 18, 2022 **Author:** Administrator **Content:** Director fined following a waste exports prosecution investigation by the [Environment Agency](https://www.gov.uk/government/organisations/environment-agency). The EA successfully prosecuted a former company director for illegally exporting banned household waste including nappies, clothing, textiles, tins and electrical items from a site in Droitwich, Worcestershire, to Indonesia in 2019. At Kidderminster Magistrates Court on Wednesday 10 August 2022, Tianyong Wang, 43, of Solihull, Warwickshire, was fined £1,200 and ordered to pay costs of £10,000. He had pleaded guilty at an earlier hearing in April 2022 to causing his dissolved company, Berry Polymer Limited, to export the waste to Indonesia. Shipping documents described the waste as plastic, which can be exported to Indonesia for recycling. Howard McCann, prosecuting for the [Environment Agency](https://ashbrookeconsultants.co.uk/waste/what-uk-waste-laws-apply-to-small-businesses/), told the court that between 27 June and 5 July 2019, Wang had caused his company to export some 382 tonnes of household waste in 22 sea containers from its site in Droitwich via the ports of Felixstowe and Southampton to Indonesia. Included in the waste were about 1,590 nappies or sanitary items, plus 1,338 electrical items and about 33,639 tins/cans. ![waste exports prosecution](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/EA-Pic-banned-wastes-1024x683.jpg)One of the 22 containers of waste investigated (courtesy of the Environment Agency)Other contaminants included numerous items of clothing, textiles and rags, unopened plastic bags, glass, wood, golf balls, toys, a used toilet brush and contaminated [food and drink](https://ashbrookeconsultants.co.uk/agriculture/national-food-strategy-published/) cartons. Mr McCann told the court that the defendant was the sole director of Berry Polymer Limited, a company which was dissolved on 24 August 2021, at the time of the offending. Wang had agreed to sell some 500 tonnes of plastic bottle waste to a broker at £270 per tonne. A purchase order confirmed the load site of the waste as “Berry Polymer Limited, 20 The Furlong Droitwich WR9 9AH.” Berry Polymer invoiced the broker £103,210.20 for 382.26 tonnes of “plastic bottles.” The [offence was discovered by Environment Agency](https://ashbrookeconsultants.co.uk/environment/serious-waste-offences/) officers who conducted initial inspections of some of the 22 containers at the ports of Southampton (17 containers) and Felixstowe (5) on 4 July 2019. These inspections recorded significant evidence of contamination, flies and, in some containers, a rotting decomposing smell. The containers were deemed unfit for export at that stage and prevented from onward shipment to Indonesia. Five of the containers were transported to the [Environment Agency’s](https://ashbrookeconsultants.co.uk/agriculture/agency-has-downgraded-pollution-prosecutions/) inspection facility at Felixstowe for full examination, one of the bales examined was so bad that an officer was physically sick. Ultimately all the containers were returned to the site in Droitwich for reprocessing. When interviewed, Wang, who was abroad at the time, said the material supplied was not as described because his company’s usual bale inspection had either not happened or was sub-standard. In sentencing, District Judge Strongman said this was a “blunder” by Wang, which had cost him his business and his reputation. > This prosecution sends out a strong message that we will investigate and where necessary prosecute anyone found to be involved in [illegally exporting waste](https://ashbrookeconsultants.co.uk/agriculture/large-scale-illegal-waste-crime-in-staffordshire/). > > Waste crime can have a serious environmental impact and puts communities at risk. It undermines legitimate business and the investment and economic growth that goes with it. > > We support legitimate businesses and are proactively supporting them by disrupting and stopping the illegal waste exports. > > Sham Singh, senior investigating officer for the [Environment Agency](https://ashbrookeconsultants.co.uk/environment/1-2m-fine-for-water-company/) In this case the defendant was charged with offences under [the Transfrontier Shipment of Waste Regulations 2007](https://www.legislation.gov.uk/uksi/2007/1711/contents/made) (TFS). The export of waste collected from households to non-OECD ([Organisation for Economic and Development](https://www.oecd.org/)) countries is prohibited by Article 36 of the Waste Shipment Regulations. The offence of transporting waste to a non-OECD country in breach of the prohibition is created by Regulation 23 and the directors’ offence by regulation 55(1) of the TFS Regulations 2007. The offence is one of strict liability – strict liability offences are crimes which require no proof of intent. Strict liability offences are primarily regulatory offences aimed at businesses in relation to environment, [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/bonfire-prosecution/). A shipment of waste starts at the point of loading in the country of dispatch and continues until the waste has been recovered at the facility in the country of destination. This is why the export is not regarded as an attempt, despite the containers being prevented from leaving Felixstowe and Southampton. For waste to be categorised as green list such as plastic waste, it must have been collected separately or been properly sorted. Properly sorted means that the sorting is sufficient to remove contaminants to the point where any contamination that remains is so small as to be minimal and does not prevent the waste from becoming green list waste. If you require environmental advice or support for your business, [please contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Environment, Prosecutions, Waste **Tags:** environment, Environment Agency, prosecutions, waste --- ### [Working at height leads to prosecution](https://ashbrookeconsultants.co.uk/health-and-safety/working-at-height/) **Published:** August 1, 2022 **Author:** Administrator **Content:** A steel fabrication company has been fined £8,000 after employees working at height fell two metres from the forks of a telehandler. The workers of Eagle Structural Ltd were dismantling an unwanted shipping container at Great Carlton, Lincolnshire on 7 October 2019. Operatives were working in an unsecured non-integrated working platform when it fell from the forks of a telehandler. One employee suffered a broken arm and fractured elbow and has been told that he will never regain a full range of movement in his arm. The second employee suffered internal bruising. An investigation by the [Health and Safety Executive (HSE)](https://www.hse.gov.uk/) found that the non-integrated working platform was not compatible with the telehandler and that it had not been properly secured to prevent it falling. ![Working at height](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/07/working-structure-fall-building-beam-steel-575988-pxhere.com_-702x1024.jpg)Working at height requires careful planning (stock image) Eagle Structural Ltd of Lincolnshire pleaded guilty to breaching Regulation 8(b)(i) of The [Work at Height](https://ashbrookeconsultants.co.uk/health-and-safety/work-at-height/) Regulations 2005. At Lincoln Magistrates’ Court on 1 July 2022, the company was fined £8,000 and ordered to pay costs of £2,497. Speaking after the hearing, [HSE](https://www.hse.gov.uk/index.htm "HSE") inspector, Tim Nicholson said: *“This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices. Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”* [Working at height](https://ashbrookeconsultants.co.uk/health-and-safety/roofing-contractor-jailed/) requires careful planning and the use of suitable equipment. A risk assessment should be undertaken as part of the planning and detail the controls required to ensure workers’ safety. Any worker involved in an activity at height must be competent to carry out the task and be proficient in using the equipment provided. If you require advice on health and safety in your workplace, [please contact one of the Ashbrooke team.](https://ashbrookeconsultants.co.uk/contact-us/) **Categories:** Health and Safety, Prosecutions **Tags:** fall, Health and Safety, prosecution, safety, working at height --- ### [Cleveland Potash fined £3.6m following accidents](https://ashbrookeconsultants.co.uk/health-and-safety/cleveland-potash-fined-3-6m-following-accidents/) **Published:** August 22, 2022 **Author:** Administrator **Content:** Cleveland Potash fined £3.6m following accidents which left two electricians injured. The owners of Boulby Mine in Saltburn-by-the-Sea were fined £3.6 million and ordered to pay costs of £185,000 after an investigation by the [Health and Safety Executive](https://www.hse.gov.uk/) (HSE). Cleveland Potash Limited (CPL) own the mine, which extracts organic fertiliser known as Polyhalite. Teesside Crown Court heard that on the 3 August 2016 a contract electrician received serious burns from an 11,000-volt electrical system. He unknowingly had placed a vacuum cleaner nozzle into a live electrical chamber. He had to be air lifted to Newcastle hospital specialist burns unit, where he was placed in an induced coma for 10 days. On the 12 February 2019, another electrical contractor made contact with a live conductor on a 415-volt electrical system during electrical testing works and received serious burns. He was hospitalised for six days. The [HSE](https://www.hse.gov.uk/index.htm "HSE") found deficiencies from the owner of the mine in risk assessment, planning of works, and shortfalls in providing warnings about which parts of the electrical systems the two electricians were working on remained live. ![Cleveland Potash fined](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/07/ELECTRIC-WIRES-768x1024.jpg)Cleveland Potash Limited (CPL) of Boulby Mine, Loftus, Saltburn-by-the-Sea, Cleveland pleaded guilty to breaching Section 2 (1) and two counts of Section 3(1) of the [Health and Safety at Work etc Act 1974](https://www.legislation.gov.uk/ukpga/1974/37/contents). > “These serious electrical incidents were easily preventable. CPL should have had a heightened awareness of electrical [risks following](https://ashbrookeconsultants.co.uk/health-and-safety/roofing-contractor-jailed/) the first incident in 2016, however failures to apply learnings and to adequately control risks resulted in the 2019 incident”. > > “Employers should make sure they properly assess and apply effective control measures to minimise risks when working on electrical systems. Both these incidents were preventable if long established electrical safety practices been applied.” > > HSE specialist regulatory principal inspector Paul Bradley Employers are required by law to protect your employees, and others, from harm. Under the Management of [Health and Safety](https://ashbrookeconsultants.co.uk/health-and-safety/nestle-newcastle-factory-fine/) at Work Regulations 1999, the minimum an employer must do is: - identify what could cause injury or illness in your business (hazards) - decide how likely it is that someone could be harmed and how seriously (the risk) - take action to eliminate the hazard, or if this isn’t possible, control the risk Assessing risk is just one part of the overall process used to control risks in the workplace. For most small, low-risk businesses the steps that employers need to take are straightforward. Risk management is a step-by-step process for controlling [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/new-electrical-safety-duties-for-landlords/) risks caused by hazards in the workplace. An employer can undertake the risk assessment themselves or appoint a competent person to help. The five steps of a risk assessment are: - Identify hazards - Assess the risks - Control the risks - Record your findings - Review the controls ## Identify hazards Look around your workplace and think about what may cause harm (these are called hazards). Think about: - how people work and how plant and equipment are used - what chemicals and substances are used - what safe or [unsafe work](https://ashbrookeconsultants.co.uk/health-and-safety/unsafe-working/) practices exist - the general state of your premises Look back at previous accident and ill health records as these can help you identify less obvious hazards. Take account of non-routine operations, such as maintenance, cleaning or changes in production cycles. Think about hazards to health, such as manual handling, use of chemicals and causes of work-related stress. For each hazard, think about how employees, contractors, visitors or members of the public might be harmed. Some workers have particular requirements, for example young workers, migrant workers, new or expectant mothers and people with disabilities. Ensure that you involve your employees as they will usually have good ideas. ## Assess the risks Once you have identified the hazards, decide how likely it is that someone could be harmed and how serious it could be – this is assessing the level of risk. In assessing the level of risk, decide: - Who might be harmed and how - What you’re already doing to control the risks - What further action you need to take to control the risks - Who needs to carry out the action - When the action is needed by ## Control the risks Look at what you are already doing, and the controls you already have in place to ensure the safety of workers and others. Consider: - Can I get rid of the hazard altogether? - If not, how can I control the risks so that harm is unlikely? If you need further controls, consider: - redesigning the job - replacing the materials, machinery or process - organising your work to reduce exposure to the materials, machinery or process - identifying and implementing practical measures needed to work safely - providing personal protective equipment and making sure workers wear it Put the controls you have identified in place. It is important to remember that you are not expected to eliminate all risks but you need to do everything **‘reasonably practicable’** to protect people from harm. This means balancing the level of risk against the measures needed to control the real risk in terms of money, time or trouble. ## Record your findings If you employ 5 or more people, you must record your significant findings, including: - the hazards (things that may cause harm) - who might be harmed and how - what you are doing to control the risks The HSE has a number of [example risk assessments](https://www.hse.gov.uk/simple-health-safety/risk/risk-assessment-template-and-examples.htm) on its website as a guide for employers. Employers should not rely purely on paperwork, as the main priority should be to control the risks in practice. ## Review the controls You must review the controls you have put in place to make sure they are working. You should also review them if: - they may no longer be effective - there are changes in the workplace that could lead to new risks such as changes to: - staff - a process - the substances or equipment used Also consider a review if your workers have spotted any problems or there have been any accidents or near misses. You should then update your risk assessment record with any changes you make. If you require health and safety advice or support for your business, [please contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Health and Safety, Prosecutions **Tags:** electricity, Health and Safety, mines, prosecutions, risk, safety --- ### [Unsafe working](https://ashbrookeconsultants.co.uk/health-and-safety/unsafe-working/) **Published:** August 25, 2022 **Author:** Administrator **Excerpt:** Employers have a duty to assess the risks of working at height and to eliminate or reduce risks as far as reasonably practicable.  The Work at Height Regulations 2005 impose duties on employers to ensure that activities which are required to take place at height are conducted safely. **Content:** Unsafe working at height activity has resulted in a carpentry and joinery company being fined after a man working unsecured on the forks of a fork-lift truck fell 3.5 metres to the ground. On 14 June 2021, the man was working for Staircraft Group Limited at their head office site at Bayton Road Industrial Estate, Exhall, Coventry. The employee was working from an unsecured stillage on the forks of a fork-lift truck in order to clean office windows at height. The stillage tipped and the employee fell 3.5 metres to the ground. As a result of the incident, he sustained a broken leg and an injury to his elbow. An investigation by the [Health and Safety Executive](https://www.hse.gov.uk/) (HSE) found the company failed to identify that using a stillage to lift someone on the forks of a forklift truck, a method that they had used before, was unsafe. There was a lack of training for employees on the dangers of [working at height](https://ashbrookeconsultants.co.uk/health-and-safety/work-at-height/) without the proper equipment and there were no systems of work or risk assessments in place. At Redditch Magistrates’ Court Staircraft Group Limited, of Bayton Road Industrial Estate, Exhall, Coventry pleaded guilty to breaching Section 2(1) of the [Health and Safety at Work etc Regulations 1974](https://www.legislation.gov.uk/ukpga/1974/37/contents) and was fined £200,000 and ordered to pay costs of £6,477.93. > “The employee’s injuries were very serious, and he could have easily been killed. > > “This serious incident could so easily have been avoided by simply carrying out correct control measures and safe working practices. > > “Companies should be aware that [HSE](https://www.hse.gov.uk/index.htm "HSE") will not hesitate to take appropriate enforcement action against those that fall below the required standards.” > > HSE inspector Rebecca Whiley Employers have a duty to assess the risks of working at height and to eliminate or reduce risks as far as reasonably practicable. The [Work at Height Regulations 2005](https://www.legislation.gov.uk/uksi/2005/735/contents/made) impose duties on employers to ensure that activities which are required to take place at height are conducted safely. Work at height means work in any place where, if precautions were not taken, a person could fall a distance liable to cause personal injury. This includes work above ground/floor level, locations where you could fall from an edge, through an opening or fragile surface or could fall from ground level into an opening in a floor or a hole in the ground Work at height does not include a slip or a trip on the level, as a fall from height has to involve a fall from one level to a lower level, nor does it include walking up and down a permanent staircase in a building. ![unsafe working](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/000_0387-1-1024x768.jpg)Unsafe working at height can occur when tasks are not properly planned. The Regulations apply to all work at height, where there is risk of a fall liable to cause personal injury. They place duties on employers, and those who control any work at height activity (such as facilities managers or building owners who may contract others to work at height). As part of the Regulations, you must ensure: - all work at height is properly planned and organised - those involved in work at height are competent - the risks from work at height are assessed, and appropriate work equipment is selected and used - the risks of working on or near fragile surfaces are properly managed - the equipment used for work at height is properly inspected and maintained Before working at height, you must follow these simple steps: - avoid work at height where it is reasonably practicable to do so - where work at height cannot be easily avoided, prevent falls using either an existing place of work that is already safe or the right type of equipment - minimise the distance and consequences of a fall, by using the right type of equipment where the risk cannot be eliminated Unsafe working at height can occur when tasks are not properly planned. In planning a work at height task, you should: - do as much work as possible from the ground - ensure workers can get safely to and from where they work at height - ensure equipment is suitable, stable and strong enough for the job, maintained and checked regularly - not overload or overreach when working at height - take precautions when working on or near fragile surfaces - provide protection from falling objects - consider emergency evacuation and rescue procedures ## What about ladders? Unsafe working can occur if ladders are used inappropriately. The law says that ladders can be used for [work at height when a risk](https://ashbrookeconsultants.co.uk/health-and-safety/roofing-contractor-jailed/) assessment has shown that using equipment offering a higher level of fall protection is not justified because of the low risk and short duration of use; or there are existing workplace features which cannot be altered. Short duration is not the deciding factor in establishing whether an activity is acceptable or not – you should have first considered the risk. As a guide, if your task would require staying up a leaning ladder or stepladder for more than 30 minutes at a time, it is recommended that you consider alternative equipment. You should only use ladders in situations where they can be used safely, e.g. where the ladder will be level and stable, and where its reasonably practicable to do so, the ladder can be secured. The HSE has produced a guide, *[Safe Use of Ladders and Stepladders](https://ladderassociation.org.uk/wp-content/uploads/2021/07/LA455-Safe-Use-of-Ladders-and-Stepladders-A-brief-guide.pdf)* which is available as a free download. If you require advice on working at height in your business, [please contact on of the Ashbrooke team.](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us") **Categories:** Health and Safety, Prosecutions **Tags:** Health and Safety, prosecutions, risk, safety, working at height --- ### [Work at Height](https://ashbrookeconsultants.co.uk/health-and-safety/work-at-height/) **Published:** October 4, 2022 **Author:** Administrator **Excerpt:** A refrigeration company has been fined £27,000 after an incident where a worker suffered gantry fall injuries while carrying out work at height. **Content:** A refrigeration company has been fined £27,000 after an incident where a worker suffered gantry fall injuries while carrying out work at height. GEA Refrigeration UK Ltd was replacing a cooler unit located on a gantry 10m above the warehouse floor at an Iceland depot in Swindon on 1 February 2017. ![work at height](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/000_0386-1024x768.jpg)Stock imageThis required a section of the gantry floor to be removed. A GEA employee fell 2.5 metres through the gap created by this removal and on to a cherry picker, suffering fractured ribs and internal injuries. An investigation by the [Health and Safety Executive (HSE)](https://www.hse.gov.uk/) found the company had failed to properly plan, co-ordinate and supervise the work, including the removal of the gantry floor to ensure the work was carried out in a safe manner to control the risks of falls. GEA Refrigeration UK Ltd, of Ludgate Hill, London, pleaded guilty to breaching Section 4(1) of the [Work at Height Regulations 2005](https://www.legislation.gov.uk/uksi/2005/735/contents/made), and was fined £27,000 and ordered to pay £35,000 costs and a victim surcharge of £170 at Bristol Crown Court on 30 September 2022. > “This incident could have been avoided by identifying and implementing effective control measures and safe working practices. > > “Falls from [height](https://ashbrookeconsultants.co.uk/health-and-safety/roofing-contractor-jailed/) remain one of the most common causes of work-related injury and fatalities and the risks associated with working at height are well known.”HSE inspector Leo Diez In his victim personal statement, the [injured worker](https://ashbrookeconsultants.co.uk/health-and-safety/worker-injured-by-lathe/) said: “The effect of the accident on my personal and work life has been huge and has had a lasting effect.” # Work at Height Regulations Falls from height are one of the biggest causes of workplace fatalities and major injuries. Common causes are falls from ladders and through fragile roofs. The purpose of [The Work at Height Regulations 2005](https://www.legislation.gov.uk/uksi/2005/735/contents/made) is to prevent death and injury caused by a fall from height. If you are an employer or you control work at height (for example facilities managers or building owners who may contract others to work at height) the Regulations apply to you. Employers and those in control of any work at height activity must make sure work is properly planned, supervised and carried out by competent people. This includes using the right type of equipment for working at height. Low-risk, relatively straightforward tasks will require less effort when it comes to planning. Employers and those in control must first assess the risks by carrying out a risk assessment. Where you employ 5 or more employees, your risk assessment must be in writing. Employees have general legal duties to take reasonable care of themselves and others who may be affected by their actions, and to co-operate with their employer to enable their [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/engineer-tragically-died-working-near-river/) duties and requirements to be complied with. # Work at Height Guidance Work at height means work in any place where, if there were no precautions in place, a person could fall a distance liable to cause personal injury. For example, you are working at height if you: - are working on a ladder or a flat roof; - could fall through a fragile surface; - could fall into an opening in a floor or a hole in the ground. Take a sensible approach when considering precautions for work at height. There may be some low-risk situations where common sense tells you no particular precautions are necessary and the law recognises this. There is a common misconception that ladders, and stepladders are banned, but this is not the case. There are many situations where a ladder is the most suitable equipment for working at height. Before working at height, you must work through these simple steps: - avoid work at height where it is reasonably practicable to do so; - where work at height cannot be avoided, prevent falls using either an existing place of work that is already safe or the right type of equipment; - minimise the distance and consequences of a fall, by using the right type of equipment where the risk cannot be eliminated. You should: 1. do as much work as possible from the ground; 2. ensure workers can get safely to and from where they work at height; 3. ensure equipment is suitable, stable and strong enough for the job, maintained and checked regularly; 4. make sure you don’t overload or overreach when working at height; 5. take precautions when working on or near fragile surfaces; 6. provide protection from falling objects; 7. consider your emergency evacuation and rescue procedures. If you need health, safety and environmental advice for your business, [please contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Health and Safety, Prosecutions **Tags:** Health and Safety, prosecutions, working at height --- ### [TCM attendance changes](https://ashbrookeconsultants.co.uk/environment/tcm-attendance-changes/) **Published:** August 16, 2022 **Author:** Administrator **Content:** The [Environment Agency](https://www.gov.uk/government/organisations/environment-agency) has published the results of a consultation on TCM attendance changes. The Environment Agency consulted with stakeholders to hear their views on proposed options and changes to the attendance requirements for technically competent managers **(**TCMs). The consultation explained: - how the current technical competence attendance requirements work - options for proposed changes to the methods of calculating TCM attendance and other proposed changes to the attendance requirements - proposed implementation timescales The responses to [the TCM attendance changes consultation](https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F993670%2FTechnically_competent_manager_attendance_consultation_document.odt&wdOrigin=BROWSELINK) will help shape a second, more detailed consultation. This will provide further details for option 1: attendance linked to charge bands, and other rules associated with the attendance requirements for [technically competent managers](https://ashbrookeconsultants.co.uk/compliance/the-essential-guide-to-environmental-permit-management-systems/). The EA aim to publish the next consultation in summer 2023. The EA received a broad range of views which will help develop guidance on the attendance requirements for technically competent managers. The EA received 75 responses to the consultation: - 32 from site operators and companies with permits - 18 from trade associations and other organisations and groups - 12 from consultants - 5 from local authorities - 8 from individuals and members of the public Those responding generally agreed that new guidance was needed to explain the attendance requirements for TCMs and provided views on the 3 options preferred for calculating the attendance requirements: - option 1: attendance linked to charge bands – 36% - option 2: standard baseline attendance for all waste facilities – 16% - option 3: tailored baseline attendance for waste operations and waste installations – 30.67% - no preference – 14.67% - Two respondents (2.67%) did not provide an answer to this question. Many of those responding highlighted the potential for environmental benefits should TCM attendance increase at poor performing sites. However, the extent of this benefit would depend on the specific circumstances. Approximately 75% of those responding supported the adjustment of the attendance requirement based on operator performance, with those in deteriorating or poor compliance bands requiring increased TCM attendance. ![TCM attendance changes](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/Waste-Site.png)Changes proposed to TCM attendance requirements at waste sitesSome of those responding stated that applying attendance requirements for the [Environmental Services Association](http://www.esauk.org/) (ESA)/Energy & Utility (EU) Skills technical competence scheme would undermine the purpose of this scheme, but there was general support for other proposals on the 48 hour attendance cap, 24 hour operations, multiple regulated facilities and mothballed sites. For permit transfers, some respondents highlighted situations where transfers were ‘administrative’ and in those instances they did not support previously agreed TCM attendance requirements reverting back to those required by the guidance. For closed landfills nearly 40% of respondents agreed with the proposals, whilst 50% did not have a view. The [Environment Agency](https://ashbrookeconsultants.co.uk/environment/waste-exports-prosecution/) concluded that it anticipate the majority of the 50% who did not have a view do not operate activities involving closed landfills. Most of those who responded did not have a view on the proposals for mobile plant attendance requirements. Around one third supported the proposals on mobile plant and less than 10% disagreed. Nearly half of respondents supported a 12 month implementation period for the new guidance. Because, for example, this would give operators time to understand the new guidance and train or recruit additional TCMs if required. The Agency received a broad range of views which will help develop the attendance requirements for TCMs guidance and it intends to launch the next consultation in summer 2023. It will include further details of the favoured option and other proposed changes to the attendance requirements. Operators who apply for an environmental permit for a waste operation must be members of (and comply with) a government approved technical competency scheme. Most existing waste environmental permit holders must also comply with a government approved technical competency scheme through the conditions in their permits. For operators that show competence through the scheme run by the [Chartered Institution of Wastes Management](https://www.ciwm.co.uk/) and [Waste Management Industry Training and Advisory Board](https://ciwm.co.uk/), the Environment Agency requires that sites have nominated technically competent manager(s) on site for a specified amount of time each week – this is called the attendance requirement. The [Environment Agency](https://ashbrookeconsultants.co.uk/environment/1-2m-fine-for-water-company/) used to calculate attendance requirements using the OPRA risk appraisal guidance. However, except for the sections relating to attendance levels for technically competent managers, this guidance has been withdrawn. The Agency is now considering changes to the requirements for attendance by TCMs at environmental permit sites. If you require environmental advice or support for your business, [please contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Environment, Management systems, Waste **Tags:** Environment Agency, permit, TCM, technically competent manager, waste --- ### [Pollution enforcement undertaking](https://ashbrookeconsultants.co.uk/environment/pollution-enforcement-undertaking/) **Published:** November 9, 2022 **Author:** Administrator **Excerpt:** A company which handles hazardous waste has agreed a pollution enforcement undertaking with the regulator. The company made a payment of £25,000 to an environmental charity following the contamination of groundwater at its site. **Content:** A company which handles hazardous waste has agreed a pollution enforcement undertaking with the regulator. The company made a payment of £25,000 to an environmental charity following the contamination of groundwater at its site. Augean South Limited of Stamford Road, Kings Cliffe, Northamptonshire also paid £11,058.90 to cover the costs of the [Environment Agency](https://www.gov.uk/government/organisations/environment-agency) investigation. The discharge in 2020 had a short-term impact on wildlife and saw some amphibian species decline but populations recovered by the following summer. Vegetation also naturally improved after the pollution. Routine inspections in March 2020, detected high levels of chemicals in the groundwater adjacent to the treatment centre at East Northants Resource Management Facility. The site is operated by Augean South Limited. After performing further tests, Augean notified the [Environment Agency](https://ashbrookeconsultants.co.uk/environment/waste-exports-prosecution/). Officers concluded Augean had negligently exceeded its environmental permits, contrary to regulations 12(1)(b) and 38(1)(a) of the [Environmental Permitting (England and Wales) Regulations 2016](https://www.legislation.gov.uk/uksi/2016/1154/contents/made). The Environment Agency accepted an [Enforcement Undertaking](https://ashbrookeconsultants.co.uk/environment/raw-sewage-enforcement-undertaking/) submitted by Augean. Enforcement undertakings are one of the civil sanctions available to the [Environment Agency](https://ashbrookeconsultants.co.uk/environment/1-2m-fine-for-water-company/), enabling the wrongdoer to put right the situation and compensate for any environmental harm. As part of this agreement, Augean donated £25,000 to the [Rockingham Forest Trust](http://www.rockingham-forest-trust.org.uk/), a local charity which promotes environmental projects in Northamptonshire. It is believed that heavy rainfall during the winter and subsequent storms contributed to the chemical discharge. The Environment Agency was satisfied Augean took appropriate action to resolve the situation. The [company had acted in a timely](https://ashbrookeconsultants.co.uk/compliance/investing-in-corporate-governance-adds-value-to-the-bottom-line-and-improves-resilience-in-uncertain-times/) manner to remove and clean the affected land, whilst continuing to monitor the groundwater and soil. There have been no similar incidents since at the waste facility. ## Enforcement undertaking An Enforcement Undertaking is a voluntary offer made by an offender to: - put right the effects of their offending - put right the impact on third parties - make sure the offence cannot happen again Where the Environment Agency accepts the offer, it becomes a legally binding agreement between the Agency and the business or person who makes the offer. The regulator will only consider accepting an enforcement undertaking in cases where: - it is not in the public interest to prosecute - the offer itself addresses the cause and effect of the offending - the offer protects, restores or enhances the natural capital of England The Environment Agency publishes details of all enforcement undertakings on its [website](https://www.gov.uk/government/publications/environment-agencys-use-of-civil-sanctions/enforcement-undertakings-accepted-by-the-environment-agency-1-june-2022-to-30-september-2022). ![pollution enforcement undertaking](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/pexels-yogendra-singh-2480797-1024x679.jpg)Enforcement undertakings can be offered following pollution incidents (stock image)The Agency is more likely to accept offers when they are offered early and proactively. Generally, the regulator will only consider accepting an enforcement undertaking offer when: - they are confident the terms of the enforcement undertaking will be complied with - they believe a breach of relevant legislation has occurred - they consider the enforcement undertaking to be the correct regulatory outcome taking into account (i) the nature of the offence and its impact, and (ii) other forms of enforcement available, to remedy the issues concerned, to the environment and the community - the offer is above what the company would normally need to do to comply - the offer is given in good faith - the offeror makes a positive commitment, at the right company level to stop the offending conduct or alleged breach and to maintain compliance - the offeror rectifies the consequences of the conduct, including interacting with any third party affected by the offence - the offer does not contain restrictions on how the Agency may [publish its acceptance in cases involving pollution of the environment](https://ashbrookeconsultants.co.uk/environment/new-environmental-strategy-published/) or harm to human health and it is demonstrated that any necessary remediation or restoration work commenced or will commence at the earliest opportunity. There are a number of situations where the Agency will not accept an enforcement undertaking for example, incidents or breaches which are serious (category 1 and 2) unless low culpability or negligence at a low level. Where legal proceedings have commenced or where the offence was intentional then the Agency are unlikely to accept enforcement undertakings. For this reason, where a company is considering offering an enforcement undertaking it should be made at a very early stage and it must not include clauses denying liability or restrictions on publicity. Once an offer has been accepted, it becomes a legally binding written agreement between the offeror and the Environment Agency. If the enforcement undertaking is not complied with then the [Environment Agency can take enforcement action which can include prosecution](https://ashbrookeconsultants.co.uk/environment/proven-skip-boss-receives-a-suspended-prison-term/) for the original offence. If you require environmental advice for your business, please [contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Environment, Prosecutions, Waste **Tags:** environment, Environment Agency, pollution, prosecutions --- ### [Raw Sewage Enforcement Undertaking](https://ashbrookeconsultants.co.uk/environment/raw-sewage-enforcement-undertaking/) **Published:** September 16, 2024 **Author:** Administrator **Excerpt:** An investigation by the Environment Agency into Severn Trent Water has resulted in an Enforcement Undertaking by the water company.  The investigation revealed that raw sewage from a blocked sewer had been discharged into a brook near Gloucester - impacting about 1.7km of the watercourse. **Content:** An investigation by the [Environment Agency](https://www.gov.uk/government/organisations/environment-agency) into [Severn Trent Water](https://www.stwater.co.uk/) has resulted in an Enforcement Undertaking by the water company. The investigation revealed that raw sewage from a blocked sewer had been discharged into a brook near Gloucester – impacting about 1.7km of the watercourse. The case has ended in the water company agreeing an Enforcement Undertaking (EU) with the Environment Agency and giving [Gloucestershire Wildlife Trust](https://www.gloucestershirewildlifetrust.co.uk/) £327,500. ![Enforcement undertaking sewage](https://ashbrookeconsultants.co.uk/wp-content/uploads/2024/09/s300_GWTCoombeHillpic.jpg)An EU is a voluntary offer made by companies and individuals and can be accepted where the Environment Agency has reason to believe an offence has been committed. It usually includes a payment to an environmental charity to carry out improvements. The [Environment Agency](https://ashbrookeconsultants.co.uk/environment/waste-exports-prosecution/) received reports of dead fish on 19 August 2021 at School Lane, Quedgeley, near Gloucester. An inspection revealed hundreds of dead sticklebacks and thousands of dead invertebrates plus several eels and a number of bullhead fish. The Agency officer also observed what he believed to be sewage fungus growing in the watercourse for about 1km up to Meerbrook Way. The smell of sewage was strong, and the fungus was covering the entire width of the brook. Further investigations revealed that where the brook exited the A38 at Meerbrook Way, the officer saw what he believed to be a discharge of crude sewage coming out of the bankside into the brook. An ecological impact assessment concluded that 1.7km of Dimore Brook had been affected and that the vast majority of aquatic animal life had been killed by the sewage discharge. Between Fisher’s Bridge and the Gloucester-Sharpness Canal, approximately 50 dead European eel, 20 bullhead, 3 chub and 400 three-spined sticklebacks were observed. [Environment Agency](https://ashbrookeconsultants.co.uk/agriculture/agency-has-downgraded-pollution-prosecutions/) officers said that Severn Trent had responded to the incident in a timely manner. Gloucestershire Wildlife Trust is using the funds in a three-year programme to improve various projects close to the impacted area. Ian Skuse, the investigating officer for the West Midlands [Environment Agency](https://ashbrookeconsultants.co.uk/environment/1-2m-fine-for-water-company/), said: > Protecting the environment in the West Midlands and taking action against those that damage or threaten this is our utmost priority. > > While we will always take forward prosecutions in the most serious cases, Enforcement Undertakings are an effective enforcement tool to allow companies to put things right and contribute to environmental improvements. > > They allow polluters to correct and restore the harm caused to the environment and prevent repeat incidents by improving their procedures, helping ensure future compliance with environmental requirements. Sophie Wootton-Lee, head of external affairs at Gloucestershire Wildlife Trust, said: > The money received as a result of this incident will be spent close to where it took place, to benefit the wildlife and people who live in and around the wetlands near Gloucester. > > For Gloucestershire Wildlife Trust this is essential – spending the money close to where the damage has occurred, to try and mitigate some of that impact. > > The project is complex and will deliver a range of elements, including habitat creation and restoration. > > We’ll also be looking to increase the habitat provided in the area for an iconic Gloucestershire species, the European eel, by creating pond complexes, reedbeds, scrapes and carrying out wet ditch restoration. > > Emma Hardy, Minister for Water and Flooding said: > > Pollution incidents like this are unacceptable and have a devastating impact on the environment and local communities. > > This Government will never look the other way while water companies pump record levels of sewage into our rivers, lakes and seas. > > We will strengthen regulation, crack down on water companies and begin the work of cleaning up Britain’s waterways. As an immediate step, the Water (Special Measures) Bill will strengthen regulation including new powers to ban the payment of bonuses for polluting water bosses and bring criminal charges against persistent law breakers. ## Background to the Enforcement Undertaking An [Enforcement Undertaking is available to the Environment Agency](https://ashbrookeconsultants.co.uk/environment/pollution-enforcement-undertaking/) (EA) as an alternative sanction to prosecution or monetary penalty for dealing with certain environmental offences. It is a legally binding voluntary agreement proposed by a business (or an individual) when the EA has reasonable grounds to suspect that an environmental offence has occurred. Enforcement Undertakings for environmental offences were first introduced under the [Environmental Civil Sanctions (England) Order 2010](https://www.legislation.gov.uk/ukdsi/2010/9780111492512) and the [Environmental Civil Sanctions (Miscellaneous Amendments) (England) Regulations 2010](https://www.legislation.gov.uk/uksi/2010/1159/contents) but have since been made available for other environmental offences, including under the Environmental Permitting Regulations. Accepting an Enforcement Undertaking is always at the discretion of the EA. However, if accepted the EU helps [firms and individuals who have damaged the environment](https://ashbrookeconsultants.co.uk/environment/water-companies-fined-168-million/) or operated outside of legislative requirements to complete actions which will address the cause and effect of their offending, including making a payment to an appropriate project. EUs can be offered for [offences including polluting rivers](https://ashbrookeconsultants.co.uk/agriculture/angling-offences-prosecutions/), breaching permit conditions designed to protect communities, or failing to register and comply with recycling/recovery obligations. The Environment Agency then carefully considers whether the actions offered by the offender are acceptable. ## Why use Enforcement Undertakings? - Businesses will voluntarily secure compliance now and in the future, without attracting a criminal record. - The environment, local community and those directly impacted by the offending can benefit through actions being offered in an EU. - They allow the EA to deal with the less intentional and [polluting offending in a more proportionate way than prosecution](https://ashbrookeconsultants.co.uk/agriculture/dairy-farmer-pollution-prosecution/) through the criminal courts. The [Environment Agency reserves the right to prosecute](https://ashbrookeconsultants.co.uk/environment/proven-skip-boss-receives-a-suspended-prison-term/) or impose a monetary penalty, where offenders fail to comply with the terms of an Enforcement Undertaking offer. If you require environmental advice for your business, [please contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Environment **Tags:** environment, Environment Agency, prosecutions --- ### [Appointing a Competent Person](https://ashbrookeconsultants.co.uk/health-and-safety/appointing-a-competent-person/) **Published:** August 20, 2020 **Author:** Mark **Content:** As an employer, you must appoint a competent person or people to help you meet your health and safety legal duties. Specifically, regulation 7 of the [Management of Health and Safety at Work Regulations 1999](https://www.legislation.gov.uk/uksi/1999/3242/contents/made) requires employers to appoint one or more competent persons to assist on health and safety measures required to comply with statutory duties. In this article we look at the things to consider before appointing a Competent Person. ## What an appointed person is required to do The Competent Person should have the skills, knowledge and experience to be able to recognise hazards in your business and help you put sensible controls in place to protect workers and others from harm. If more than one person is appointed then there must also be adequate arrangements in place for cooperation between them. Such arrangements could include communications or division or responsibilities. ## Qualifications and training of appointed person The legislation does not set out specific formal qualifications or training that a Competent Person must have. However, most employers will find it beneficial to provide some training and instruction to Competent Persons who are appointed. ![Appointing a competent person](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/07/workers.jpg)Employers are required to appoint a Competent Person## Who can be appointed a competent person? There is plenty of scope for appointing a Competent Person under the [Management of Health and Safety at Work Regulations 1999](https://www.legislation.gov.uk/uksi/1999/3242/contents). As a business owner, you can appoint yourself, one or more of your employees or even someone outside of your organisation. Particularly in low risk, office-based businesses, managing [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/bernard-mathews-worker-paralysed/) is not complicated and you can do it yourself with the help of your workers. Often you and your employees will know your workplace environment best as well as the risks associated with it. If there is a suitable Competent Person within your business, then you should appoint them. However, where you do not have anyone in the business with the expertise, experience and training to carry out the role, you can look at external appointments such as consultants. ## Using a consultant or adviser as a competent person If your business or organisation does not have the competence to manage [health and safety](https://ashbrookeconsultants.co.uk/agriculture/farms-are-not-playgrounds/) in-house, for example, if it is large, complex or high risk, you can get help from a consultant or adviser. However, it should be noted that as the employer, managing [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/recycling-company-fined-3-million/) will still be your legal duty. If you use a consultant or adviser from outside your business you should make sure they are competent, suitable and that you will get the help you need. In assessing a consultant’s competency and suitability you should make sure they: - have evidence of relevant training and knowledge, such as formal qualifications or practical experience of providing advice in your industry or area of work, and - are adequately insured. ## Before appointing a consultant as a competent person Before appointing a consultant to help you with [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/electric-shock-prosecutions/) management, discuss with them the areas where you require assistance so that it is clear what is required. You may just require assistance for a specific, one-off piece of work or project. Alternatively, you may require assistance on an on-going basis across the whole business or a section of it. In seeking advice from a consultant ensure that it is: - specific to the risks in your workplace – generic advice often fails to identify and control key risks, and it can be difficult to identify risks unless they visit your workplace, - based on their knowledge and experience of your industry and processes, - concentrated on practical action to control significant risks and does not over-respond to trivial risks - recommending control measures that are reasonably practicable, and - not generating paperwork for the sake of it. The consultant should clearly explain the key risks and controls which they recommend and why. As an employer you should understand the reasons for the recommendations and, if you feel there are more practical options which have not been considered, you should discuss these with the consultant. In considering the recommendations above before appointing a Competent Person, employers should get the help and assistance they need to meet their health [and safety duties](https://ashbrookeconsultants.co.uk/health-and-safety/new-electrical-safety-duties-for-landlords/). If you require health and safety advice and support for your business, [please contact one of our team.](https://www.ashbrookeconsultants.co.uk/contact-us/) **Categories:** Health and Safety **Tags:** advice, competent, compliance, duties, Health, legal, safety --- ### [HSE inspectors refused entry](https://ashbrookeconsultants.co.uk/health-and-safety/hse-inspectors-refused-entry/) **Published:** August 15, 2022 **Author:** Administrator **Content:** HSE inspectors refused entry to a construction site resulting in a prosecution of the man who was in control of the premises. The inspectors were denied entry to the construction site in Scotland to deal with unsafe work activities. In 2021 multiple concerns about unsafe work at a construction site in Irvine had been sent to the [Health and Safety Executive](https://www.hse.gov.uk/) (HSE). On 16 March 2021, two HSE inspectors attended the construction site and observed unsafe work at height taking place on a steel structure. The inspectors tried to gain entry to the site, but the gates were locked. They spoke to the person in control of the site, Baldev Singh Basra, but he refused to unlock the gates and let them in. Despite explaining the powers to enter a premise given to HSE inspectors as part of the [Health and Safety at Work etc. Act 1974](https://www.legislation.gov.uk/ukpga/1974/37/contents), Mr Singh Basra still refused entry to the site. After officers from Police Scotland attended and gained entry to the site, the [HSE](https://www.hse.gov.uk/index.htm "HSE") inspectors were able to take enforcement action to stop the unsafe work. Two workers were then found to be on the roof of the structure with no safe means of getting down. The [Scottish Fire and Rescue Service](https://www.firescotland.gov.uk/) attended the site and rescued the workers from the structure. At Kilmarnock Sheriff Court, Baldev Singh Basra of Irvine pleaded guilty to an offence under Section 33(1) of the [Health and Safety](https://ashbrookeconsultants.co.uk/health-and-safety/new-electrical-safety-duties-for-landlords/) at Work etc. Act 1974 for contravening a requirement of an inspector – namely refusing entry to a premise where unsafe work was taking place. He was fined £1,500. ![inspectors refused entry](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/pexels-mathias-reding-7108782-683x1024.jpg)HSE inspectors have extensive powers to inspect sites for safety offencesFollowing the sentencing, HSE Principal Inspector Graeme McMinn said: “Inspectors appointed by an enforcing authority have the right to enter any premises which they think it necessary to enter for the purposes of enforcing [health and safety](https://ashbrookeconsultants.co.uk/agriculture/farms-are-not-playgrounds/) at work and any relevant statutory provisions. “They may only enter at a ‘reasonable time’, unless they think there is a situation which may be dangerous. In this case, the priority of the inspectors was to deal with the unsafe work activity, and they could not allow the person in control of the site to refuse them entry to stop the unsafe work.” Inspectors appointed by an enforcing authority under section 19 of the [Health and Safety](https://ashbrookeconsultants.co.uk/health-and-safety/recycling-company-fined-3-million/) at Work etc Act 1974 (HSWA), such as the HSE, have extensive powers to carry into effect any of the relevant statutory provisions. The powers set out in sections 20(2) and 25 HSWA include powers to: - Enter any premises which inspectors think it necessary to enter for the purposes of enforcing HSWA and the relevant statutory provisions. They may only enter at a ‘reasonable time’, unless they think there is a situation which may be dangerous. If they have reasonable cause to apprehend serious obstruction, they may take a police officer; - Order areas to be left undisturbed, take measurements, photographs and recordings, take samples and take possession of, and carry out tests on, articles and substances that appear to have caused (or be likely to cause) danger; - Require the production of, inspect and take copies of relevant documents; - Require anyone they think might give them relevant information to answer questions and sign a declaration of the truth of the answers; - Require facilities and assistance to be provided; and - Seize and make harmless (by destruction if necessary) any article or substance which they have reasonable cause to believe is a cause of imminent danger of serious personal injury. HSE education video – When an inspector callsInspectors are also given any other power which is necessary for the purpose of carrying into effect the relevant statutory provisions. It is an offence to obstruct an inspector in the execution of their duties. If you require health and safety advice or support for your business, [please contact one of the Ashbrooke team.](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us") **Categories:** Health and Safety, Prosecutions **Tags:** Construction, Health and Safety, inspector, obstruction, prosecutions, risk, safety --- ### [Company worker paralysed](https://ashbrookeconsultants.co.uk/health-and-safety/bernard-mathews-worker-paralysed/) **Published:** October 21, 2022 **Author:** Administrator **Excerpt:** A Bernard Matthews worker paralysed in an accident has resulted in the company being prosecuted.  Bernard Mathew’s Food Ltd has been fined £400,000 following two separate incidents where employees were seriously injured. **Content:** A Bernard Matthews worker paralysed in an accident has resulted in the company being prosecuted. Bernard Mathew’s Food Ltd has been fined £400,000 following two separate incidents where employees were seriously injured. Colin Frewin was left permanently paralysed and spent six months in hospital following an incident at the company’s Suffolk manufacturing plant. ## Worker paralysed Mr Frewin suffered multiple serious injuries, including a pierced left lung, several broken ribs, four fractured vertebrae and a spinal bleed. He was put in an induced coma for three weeks and is now classed as a T6 paraplegic and has been diagnosed with autonomic dysreflexia (AD). Chelmsford Crown Court heard how 54-year-old Mr Frewin suffered the injuries on 28 January 2020. He had been tasked with cleaning a large screw conveyor used to move poultry turkeys along and chill them. While working on the gantry between the spin chillers he noticed a turkey stuck at the bottom of it. As he attempted to dislodge the turkey using a squeegee, Mr Frewin was drawn into the machine. It was only when a colleague noticed Mr Frewin was missing from the gantry and heard his cries for help, the emergency stop was pulled. The [Health and Safety Executive (HSE)](https://www.hse.gov.uk/) investigation found an unsafe system of work meant the chillers remained running as Mr Frewin went to dislodge the turkey. In a victim personal statement, Mr Frewin described how his horrific injuries left him feeling “isolated” and in need of daily care. “I will never walk again and so I will be in a wheelchair permanently. I now have a suprapubic catheter, which was inserted via an operation. The district nurse has to give me bowel care every day and visits me daily at home. I also suffer from AD – a condition which is life threatening, as my body doesn’t register if I’m ill. I have moved from my flat overlooking the sea, to a bungalow. However, I miss seeing the sea and being close to the seafront and all the amenities. I feel isolated as I cannot go out when I want as I need people to assist me. The accident has affected my life and my family’s lives. When I talk about the incident, I sometimes find this upsetting and then have restless nights.” There was another incident at the same plant five months earlier, on 12 August 2019, when a turkey deboning line had to be shut down after developing a fault. As a result, 34-year-old Mr Adriano Gama, along with the rest of the employees, were moved to a surplus production line to continue the process. Whilst working on the surplus production line, one of the wings became stuck in the belt under the machine. Mr Gama attempted to push it out of the way, but as he did do, his gloved hand became caught in the exposed sprocket of the conveyer and was drawn into the machine. He was eventually freed and taken to hospital having suffered a broken arm and severe damage to the muscles in his forearm. An investigation by the [Health and Safety Executive (HSE)](https://www.hse.gov.uk/) found that on the day of the incident pre-start checks were only completed on the production lines that were regularly used. Therefore, when workers were asked to move to the surplus deboning line there was no system in place to ensure that it was checked prior to it being put into operation. The investigation uncovered that two safety guards had been removed and a team leader responsible for the production lines had verbally reported this issue to the engineering team, but it was not followed up by either party. ## Bernard Mathews Prosecution Bernard Matthews Food Ltd of Sparrowhawk Road, Halesworth in Suffolk pleaded guilty to breaching section 2(1) of the [Health and Safety at Work etc Act 1974](https://www.legislation.gov.uk/ukpga/1974/37/contents). The company was fined £400,000 and ordered to pay costs of £15,000. > “Both incidents could have been avoided – the consequences were devastating for Mr Frewin in particular. > > “If Bernard Matthews had acted to identify and manage the risks involved and put a [safe system of work](https://ashbrookeconsultants.co.uk/compliance/safe-systems-of-work/) in place they could have easily been prevented. > > “Fundamentally, you should not clean a machine while it is running. > > “Companies need to ensure that risk assessments cover activities including cleaning and blockages, and that where appropriate, robust isolation and lock off mechanisms are in place for these activities. > > “Prior to use you can put in place some pre-start checks and if faults such as missing guards are identified they need to be formally reported, tracked, rectified and closed out.” > > [HSE](https://www.hse.gov.uk/index.htm "HSE") Principal Inspector Adam Hills ![ worker paralysed](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/000_1150-1024x654.jpg)Do you provide suitable equipment to your workers?## Worker Equipment The Provision and Use of Work Equipment Regulations 1998, often abbreviated to PUWER, place duties on people and companies who own, operate or have control over work equipment. PUWER also places responsibilities on businesses and organisations whose employees use work equipment, whether owned by them or not. PUWER requires that equipment provided for use at work is: - suitable for the intended use - safe for use, maintained in a safe condition and inspected to ensure it is correctly installed and does not subsequently deteriorate - used only by people who have received adequate information, instruction and training - accompanied by suitable [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/fire-safety/) measures, such as protective devices and controls. These will normally include guarding, emergency stop devices, adequate means of isolation from sources of energy, clearly visible markings and warning devices - used in accordance with specific requirements, for mobile work equipment and power presses Some [work equipment is subject to other health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/school-technician-lost-a-finger/) legislation in addition to PUWER. For example, lifting equipment must also meet the requirements of the [Lifting Operations and Lifting Equipment Regulations 1998](https://www.legislation.gov.uk/uksi/1998/2307/contents/made) (LOLER), pressure equipment must meet the [Pressure Systems Safety Regulations 2000](https://www.legislation.gov.uk/uksi/2000/128/contents/made) and personal protective equipment must meet the [Personal Protective Equipment at Work Regulations 1992](https://www.legislation.gov.uk/uksi/1992/2966/contents/made) (PPE). If your business or organisation uses work equipment or is involved in providing work equipment for others to use (e.g. for hire), you must manage the risks from that equipment. This means you must: - ensure the equipment is constructed or adapted to be suitable for the purpose it is used or provided for - take account of the working conditions and health [and safety](https://ashbrookeconsultants.co.uk/health-and-safety/nestle-newcastle-factory-fine/) risks in the workplace when selecting work equipment - ensure work equipment is only used for suitable purposes - ensure work equipment is maintained in an efficient state, in efficient working order and in good repair - where a machine has a maintenance log, keep this up to date - where the safety of work equipment depends on the manner of installation, it must be inspected after installation and before being put into use - where work equipment is exposed to deteriorating conditions liable to result in dangerous situations, it must be inspected to ensure faults are detected in good time so the [risk to health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/cleveland-potash-fined-3-6m-following-accidents/) is managed - ensure that all people using, supervising or managing the use of work equipment are provided with adequate, clear [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/new-electrical-safety-duties-for-landlords/) information. This will include, where necessary, written instructions on its use and suitable equipment markings and warnings - ensure that all people who use, supervise or manage the use of work equipment have received adequate training, which should include the correct use of the equipment, the risks that may arise from its use and the precautions to take - where the use of work equipment is likely to involve a specific risk to [health and safety](https://ashbrookeconsultants.co.uk/agriculture/farms-are-not-playgrounds/) (eg woodworking machinery), ensure that the use of the equipment is restricted to those people trained and appointed to use it - take effective measures to prevent access to [dangerous parts of machinery](https://ashbrookeconsultants.co.uk/food-safety/dangerous-machinery-leads-to-fine/). This will normally be by fixed guarding but where routine access is needed, interlocked guards (sometimes with guard locking) may be needed to stop the movement of dangerous parts before a person can reach the danger zone. Where this is not possible, such as with the blade of a circular saw, it must be protected as far as possible and a safe system of work used. These protective measures should follow the hierarchy laid down in PUWER regulation 11(2) and the [PUWER Approved Code of Practice and guidance](https://www.hse.gov.uk/pubns/priced/l22.pdf) or, for woodworking machinery, the [Safe use of woodworking machinery: Approved Code of Practice and guidance](https://www.hse.gov.uk/pubns/priced/l114.pdf) - take measures to prevent or control the risks to people from parts and substances falling or being ejected from work equipment, or the rupture or disintegration of work equipment - ensure that the risks from very hot or cold temperatures from the work equipment or the material being processed or used are managed to prevent injury - ensure that work equipment is provided with appropriately identified controls for starting, stopping and controlling it, and that these control systems are safe - where appropriate, provide suitable means of isolating work equipment from all power sources (including electric, hydraulic, pneumatic and gravitational energy) - ensure work equipment is stabilised by clamping or otherwise to avoid injury - take appropriate measures to ensure maintenance operations on work equipment can be carried out safely while the equipment is shut down, without exposing people undertaking maintenance operations to risks to their [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/recycling-company-fined-3-million/) ## New Equipment for Workers When providing new work equipment for use at work, you must ensure it conforms with the essential requirements of any relevant product supply law (for new machinery this means the [Supply of Machinery (Safety) Regulations 2008](https://www.legislation.gov.uk/uksi/2008/1597/contents/made)). You must check it: - has appropriate conformity marking and is labelled with the manufacturer’s details - comes with a Declaration of Conformity - is provided with instructions in English - is free from obvious defects – and that it remains so during its working life If you require advice on health and safety in your workplace, please [contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Health and Safety, Prosecutions **Tags:** Health and Safety, prosecution, prosecutions, work equipment --- ### [Nestle Newcastle factory fine](https://ashbrookeconsultants.co.uk/health-and-safety/nestle-newcastle-factory-fine/) **Published:** November 1, 2022 **Author:** Administrator **Excerpt:** Ashbrooke Management Consultants consider the recent Nestle Newcastle factory fine and provide guidance for employers regarding the provision of work equipment **Content:** Nestle Newcastle factory fine after an employee suffered life-changing injuries. The incident happened on 30 November 2020 when the man was drawn into a roller mechanism on a conveyor machine. South Tyneside Magistrates’ Court heard how the maintenance technician was investigating a problem on the conveyor belt of a machine used to make chocolate sweets. While checking the machine, his sleeve was caught in a roller, which dragged his left arm into the machine, trapping it between the roller and a conveyor belt. A [Health and Safety Executive (HSE)](https://www.hse.gov.uk/) investigation into the incident at Nestle’s factory on Rowan Drive, Fawdon, Newcastle upon Tyne found that the company had not properly assessed the risk created by the rollers under the conveyor belt and failed to guard the roller, which was a dangerous part. It was foreseeable that employees would require access to this area and there was a clear risk of injury to employees coming into contact with this roller. Nestle had previously been prosecuted following a similar incident at its Halifax factory. Nestle UK Ltd of City Place, Gatwick, West Sussex, pleaded guilty to breaching Regulation 11(1) of the [Provision and Use of Work Equipment Regulations 1998](https://www.legislation.gov.uk/uksi/1998/2306/contents/made) and was fined £800,000, ordered to pay costs of £7,776.50 and a victim surcharge of £190 at South Tyneside Magistrates’ Court on October 19. > “This incident could easily have been avoided had Nestle properly reviewed the safety measures at its plant and its equipment to ensure that access to dangerous parts was prevented. > > “Nestle were aware of this risk following a similar incident at its Halifax plant but failed to take appropriate action.” > > HSE inspector William Gilroy ![Nestle Newcastle factory fine ](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/11/pexels-mark-stebnicki-2889093-1024x683.jpg)Employers must ensure equipment is safe (stock image)## Work Equipment Guidance The Provision and Use of [Work Equipment](https://ashbrookeconsultants.co.uk/health-and-safety/recycling-company-fined-3-million/) Regulations 1998, often abbreviated to PUWER, place duties on people and companies who own, operate or have control over work equipment. PUWER also places responsibilities on businesses and organisations whose employees use work equipment, whether owned by them or not. PUWER requires that equipment provided for use at work is: - suitable for the intended use - safe for use, maintained in a safe condition and inspected to ensure it is correctly installed and does not subsequently deteriorate - used only by people who have received adequate information, instruction and training - accompanied by suitable [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/fire-safety/) measures, such as protective devices and controls. These will normally include guarding, emergency stop devices, adequate means of isolation from sources of energy, clearly visible markings and warning devices - used in accordance with specific requirements, for mobile work equipment and power presses Some [work equipment is subject to other health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/school-technician-lost-a-finger/) legislation in addition to PUWER. For example, lifting equipment must also meet the requirements of the [Lifting Operations and Lifting Equipment Regulations 1998](https://www.legislation.gov.uk/uksi/1998/2307/contents/made) (LOLER), pressure equipment must meet the [Pressure Systems Safety Regulations 2000](https://www.legislation.gov.uk/uksi/2000/128/contents/made) and personal protective equipment must meet the [Personal Protective Equipment at Work Regulations 1992](https://www.legislation.gov.uk/uksi/1992/2966/contents/made) (PPE). If your business or organisation uses work equipment or is involved in providing work equipment for others to use (e.g. for hire), you must manage the risks from that equipment. This means you must: - ensure the equipment is constructed or adapted to be suitable for the purpose it is used or provided for - take account of the working conditions and health [and safety](https://ashbrookeconsultants.co.uk/health-and-safety/bernard-mathews-worker-paralysed/) risks in the workplace when selecting work equipment - ensure work equipment is only used for suitable purposes - ensure work equipment is maintained in an efficient state, in efficient working order and in good repair - where a machine has a maintenance log, keep this up to date - where the safety of work equipment depends on the manner of installation, it must be inspected after installation and before being put into use - where work equipment is exposed to deteriorating conditions liable to result in dangerous situations, it must be inspected to ensure faults are detected in good time so the [risk to health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/cleveland-potash-fined-3-6m-following-accidents/) is managed - ensure that all people using, supervising or managing the use of work equipment are provided with adequate, clear [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/new-electrical-safety-duties-for-landlords/) information. This will include, where necessary, written instructions on its use and suitable equipment markings and warnings - ensure that all people who use, supervise or manage the use of work equipment have received adequate training, which should include the correct use of the equipment, the risks that may arise from its use and the precautions to take - where the use of work equipment is likely to involve a specific risk to [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/leading-health-safety-at-work/) (eg woodworking machinery), ensure that the use of the equipment is restricted to those people trained and appointed to use it - take effective measures to prevent access to [dangerous parts of machinery](https://ashbrookeconsultants.co.uk/food-safety/dangerous-machinery-leads-to-fine/). This will normally be by fixed guarding but where routine access is needed, interlocked guards (sometimes with guard locking) may be needed to stop the movement of dangerous parts before a person can reach the danger zone. Where this is not possible, such as with the blade of a circular saw, it must be protected as far as possible and a [safe system of work](https://ashbrookeconsultants.co.uk/compliance/safe-systems-of-work/) used. These protective measures should follow the hierarchy laid down in PUWER regulation 11(2) and the [PUWER Approved Code of Practice and guidance](https://www.hse.gov.uk/pubns/priced/l22.pdf) or, for woodworking machinery, the [Safe use of woodworking machinery: Approved Code of Practice and guidance](https://www.hse.gov.uk/pubns/priced/l114.pdf) - take measures to prevent or control the risks to people from parts and substances falling or being ejected from work equipment, or the rupture or disintegration of work equipment - ensure that the risks from very hot or cold temperatures from the work equipment or the material being processed or used are managed to prevent injury - ensure that work equipment is provided with appropriately identified controls for starting, stopping and controlling it, and that these control systems are safe - where appropriate, provide suitable means of isolating work equipment from all power sources (including electric, hydraulic, pneumatic and gravitational energy) - ensure work equipment is stabilised by clamping or otherwise to avoid injury - take appropriate measures to ensure maintenance operations on work equipment can be carried out safely while the equipment is shut down, without exposing people undertaking maintenance operations to risks to their [health and safety](https://ashbrookeconsultants.co.uk/agriculture/farms-are-not-playgrounds/) When providing new work equipment for use at work, you must ensure it conforms with the essential requirements of any relevant product supply law (for new machinery this means the [Supply of Machinery (Safety) Regulations 2008](https://www.legislation.gov.uk/uksi/2008/1597/contents/made)). You must check it: - has appropriate conformity marking and is labelled with the manufacturer’s details - comes with a Declaration of Conformity - is provided with instructions in English - is free from obvious defects – and that it remains so during its working life If you require advice on health and safety in your workplace, please [contact a member of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Health and Safety, Prosecutions **Tags:** Health and Safety, prosecutions, safety, work equipment --- ### [Construction site safety](https://ashbrookeconsultants.co.uk/health-and-safety/construction-site-safety/) **Published:** August 23, 2022 **Author:** Administrator **Excerpt:** While the numbers of children being killed or injured on construction sites has reduced, there is no room for complacency. Each year, two or three children die after gaining access to building sites, and many more are injured.  **Content:** The [Health and Safety Executive](https://www.hse.gov.uk/) (HSE) has successfully undertaken a prosecution following the death of a seven-year-old child over construction site safety. The civil engineering firm involved has been fined £600K for safety breaches after the child became trapped and suffocated. The seven-year-old went missing from home on the morning of 26 July 2015 and was found the next morning by workers at the construction site at Bank End Road, Worsborough, in South Yorkshire. An investigation by the HSE found that the child had become trapped in a drainage pipe, which had been fixed into the ground in preparation for the installation of fencing posts. Tragically, he had suffocated before being found the next morning when work restarted on site. Howard Civil Engineering Ltd of Leeds pleaded guilty to breaching regulation 13(4)(b) of the [Construction (Design and Management) Regulations 2015](https://www.legislation.gov.uk/uksi/2015/51/contents/made) and to breaching Section 3 (1) of the [Health & Safety at Work etc Act 1974](https://www.legislation.gov.uk/ukpga/1974/37/contents). The company was fined £600K and ordered to pay £42,952.88 in costs at Sheffield Crown Court. The construction site was a new-build housing development next to an existing housing estate and adjacent to busy pedestrian footpaths and roads. The [HSE](https://www.hse.gov.uk/index.htm "HSE") investigation found that there was insufficient fencing in place to prevent unauthorised persons from accessing the construction site due to a combination of poor planning, management and monitoring of the site and its perimeter. ![construction site safety](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/HSE-site-pic.jpg)HSE photograph> “Conley should never have been able to be on that site. He should have been kept out. The construction industry should be aware of the dangers of construction sites to members of the public and any other unauthorised persons. > > “The dangers to [children gaining access to construction sites](https://ashbrookeconsultants.co.uk/agriculture/farms-are-not-playgrounds/) and treating them like a playground is an ongoing problem which must be addressed at all types of sites no matter what their complexity or size. > > “The industry must do all it can to ensure children can’t access construction sites and be exposed to the inherent risks they present to prevent further tragedies like this from occurring.” > > HSE inspector Paul Yeadon [Construction site safety](https://ashbrookeconsultants.co.uk/health-and-safety/fire-safety/) is vital as such sites are dangerous work environments but are also interesting places for children. All construction sites require measures to manage access across defined boundaries; and steps to exclude unauthorised people. While the numbers of children being killed or injured on construction sites has reduced, there is no room for complacency. Each year, two or three children die after gaining access to building sites, and many more are injured. Also, members of the public are seriously injured by materials or tools falling outside the site boundary, falling into trenches or being struck by moving plant and vehicles. Some children are drawn to construction sites as exciting places to play. Those managing construction sites must do everything they can to keep children out of the site and away from danger. The following specific steps are particularly relevant to child safety: - Secure sites adequately when finishing work for the day. - Barrier off or cover over excavations and pits. - Isolate and immobilise vehicles and plant and if possible, lock them in a compound. - Store building materials (such as pipes, manhole rings, and cement bags) so that they cannot topple or roll over. - Remove access ladders from excavations and scaffolds. - Lock away hazardous substances. If you require health and safety advice or support for your business, [please contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Health and Safety, Prosecutions **Tags:** Construction, Health and Safety, prosecutions, risk, safety --- ### [Explosion leads to prosecutions](https://ashbrookeconsultants.co.uk/health-and-safety/explosion-leads-to-prosecutions/) **Published:** August 9, 2022 **Author:** Administrator **Content:** A warehouse explosion leads to prosecutions of a retail company and an electrical contracting company after an electrician suffered serious burns to 15 per cent of his body. On 22 September 2018, an electrician was using a metal spanner to repair an electrical fault at B&M Retail Ltd warehouse, in Speke. The spanner he was using came into contact with a live busbar (metallic strip) linked to the power distribution causing an electrical explosion. ## Explosion The 35-year-old electrician sustained serious injuries which included burns to his arms, hands, thighs, legs, and face in the explosion. He was placed in an induced coma for two weeks and had to undergo several skin grafts. As a result of the incident the electrician was unable to work for five months. > *“I am very conscious of the scars and always think people are staring at me or talking about me behind my back. To me, my arms look like Freddy Kruger’s from Nightmare on Elm Street. I now can’t play with my little boys as much as I used to and I’m worried about hurting myself, and they are worried about hurting me. I have paranoia of being touched. I do worry about the future as I know the pain will never go away and might get worse, leaving me unable to work and support my family.”* ![explosion](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/pexels-sami-abdullah-7359566.jpg)Work projects must be adequately planned in advance (stock image)## HSE investigation into the explosion An investigation by the [Health and Safety Executive (HSE)](https://www.hse.gov.uk/) found that the victim, who was employed by Daker Ltd, had been attempting to connect a generator to B&M’s Low Voltage supply in order to allow B&M to operate some of its core site functions whilst high voltage maintenance was being undertaken. This work was complex involving several contractors and required co-ordination of different working parties with specific time limited requirements. There was insufficient planning between parties beforehand including who was in charge of each site, coordination of work and exchange of relevant documentation prior to the explosion which could have been avoided. B&M failed to [appoint a suitably competent person](https://ashbrookeconsultants.co.uk/health-and-safety/appointing-a-competent-person/) to plan and carry out the work to connect temporary generators to their distribution board at the premises Electrical contractors Daker Ltd.’s work methods fell well below the required standards. Electrical work commenced without proper planning. The power supply to the circuit was not stopped prior to the incident and live working was allowed to take place, this meant that the power supply could be switched on or off at any point, putting workers at risk of electric shock. Following the explosion, B&M Retail Ltd of Speke, Liverpool pleaded guilty to breaching Section 2 (1) and Section 3 (1) of the [Health and Safety at Work etc. Act 1974](https://www.legislation.gov.uk/ukpga/1974/37/contents). At Liverpool Crown Court, the company was fined £1,000,000 and ordered to pay costs of ££4,978. Daker Ltd of Bolton pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work etc. Act 1974 and was fined £100. > *“This incident has had life-changing consequences on the victim and his family. It could have been avoided if the [companies involved had taken the time](https://ashbrookeconsultants.co.uk/compliance/investing-in-corporate-governance-adds-value-to-the-bottom-line-and-improves-resilience-in-uncertain-times/) to appropriately plan and coordinate tasks to ensure the circuit was dead, eliminating the risk of electrocution to workers. Working with [electricity is a high-risk activity and safety](https://ashbrookeconsultants.co.uk/health-and-safety/electric-shock-prosecutions/) must be a priority.”* > > *Roger Clarke, [HSE](https://www.hse.gov.uk/index.htm "HSE") Inspector* ## Use of contractors The explosion in this case was the result of poor planning and coordination between the various parties involved in the project. Anyone engaging contractors has [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/bonfire-prosecution/) responsibilities, both for the contractors and anyone else that could be affected by their activities. Contractors themselves also have legal [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/radiation-breach-prosecution/) responsibilities. When contractors are appointed, it is important to ensure that everyone understands the part they need to play in ensuring [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/asbestos-risk/) (client, principal contractor, sub-contractors, etc). Use of contractors in itself does not result in poor [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/leading-health-safety-at-work/) standards, but poor management can lead to injuries, ill health, additional costs and delays. Working closely with the contractor will reduce the risks to your own employees and the contractors themselves. Remember that contractors may be at particular risk – they may be strangers to your workplace and therefore unfamiliar with your organisation’s procedures, rules, hazards and risks. Even regular contractors may need reminding. The level of control needed will, of course, be proportionate to the complexity of the task. Where a task is complex then more control will be required, and planning plays a key role in this. On sites with major accident hazards, consider turnarounds and span of control – given the potentially very high numbers of contractors on-site (compared with the numbers in routine operations). Some projects may fall within the scope of the [Construction (Design and Management) Regulations 2015](https://www.legislation.gov.uk/uksi/2015/51/contents/made) which detail the responsibilities of clients, principal contractors and others. If you require advice on health and safety in your workplace, [please contact one of the Ashbrooke team.](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us") **Categories:** Health and Safety, Prosecutions **Tags:** electricity, Health and Safety, prosecutions, risk, safety --- ### [School technician lost a finger](https://ashbrookeconsultants.co.uk/health-and-safety/school-technician-lost-a-finger/) **Published:** July 24, 2024 **Author:** Administrator **Excerpt:** A local authority has been sentenced after a school technician lost a finger while operating a machine. A school technician at The Forest School in Horsham, lost his right index finger when it was sliced off by a circular bench saw on 13 June 2022. **Content:** A local authority has been sentenced after a school technician lost a finger while operating a machine. A school technician at [The Forest School in Horsham](https://www.theforestschool.com/), lost his right index finger when it was sliced off by a circular bench saw on 13 June 2022. The 29-year-old, who worked in the design and technology (DT) department, had been operating the saw to cut pieces of wood that were set to be used for a DT lesson. The school technician lost a finger in the accident. ![School technician lost a finger](https://ashbrookeconsultants.co.uk/wp-content/uploads/2024/07/HSE-v-West-Sussex-County-Council-768x567-1.png)While pushing one of the sheets of wood through the saw, the technician who was 27 at the time, felt a pain in his right index finger and immediately turned off the machine. As he looked down, he saw his finger lying on the bench. A [Health and Safety Executive (HSE)](https://www.hse.gov.uk/) investigation found [West Sussex County Council](https://www.westsussex.gov.uk/), the local authority in charge of the school, failed to ensure that the technician was trained to use the bench circular saw, as a result the school technician lost a finger. Whilst the technician had used the saw many times previously, he had not been trained on how to use it safely. West Sussex County Council pleaded guilty to breaching Regulation 9 of the [Provision and Use of Work Equipment Regulations 1998](https://www.legislation.gov.uk/uksi/1998/2306/contents). The local authority was fined £16,000, ordered to pay £4,294.60 in costs and a victim surcharge of £190 at Brighton Magistrates’ Court on 3 July 2024. [HSE](https://www.hse.gov.uk/index.htm "HSE") inspector Russell Beckett said: > > Workers must be trained properly when using high risk woodworking such as bench circular saws. This incident could have been prevented had West Sussex County Council provided \[the technician\] with proper training. ## The Provision and Use of Work Equipment Regulations 1998 The above incident where a school technician lost a finger highlights the importance of training and other issues for workers using equipment. The Provision and Use of Work Equipment Regulations 1998, often abbreviated to PUWER, place duties on people and companies who own, operate or have control over work equipment. PUWER also places responsibilities on businesses and organisations whose employees use work equipment, whether owned by them or not. PUWER requires that equipment provided for use at work is: - suitable for the intended use - safe for use, maintained in a safe condition and inspected to ensure it is correctly installed and does not subsequently deteriorate - used only by people who have received adequate information, instruction and training – in the current case, the school technician lost a finger having not received any training in the safe use of the circular saw. - accompanied by suitable [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/radiation-breach-prosecution/) measures, such as protective devices and controls. These will normally include guarding, emergency stop devices, adequate means of isolation from sources of energy, clearly visible markings and warning devices - used in accordance with specific requirements, for mobile work equipment and power presses Some [work equipment is subject to other health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/nestle-newcastle-factory-fine/) legislation in addition to PUWER. For example, lifting equipment must also meet the requirements of the [Lifting Operations and Lifting Equipment Regulations 1998](https://www.legislation.gov.uk/uksi/1998/2307/contents/made) (LOLER), pressure equipment must meet the [Pressure Systems Safety Regulations 2000](https://www.legislation.gov.uk/uksi/2000/128/contents/made) and personal protective equipment must meet the [Personal Protective Equipment at Work Regulations 1992](https://www.legislation.gov.uk/uksi/1992/2966/contents/made) (PPE). If your business or organisation uses work equipment or is involved in providing work equipment for others to use (e.g. for hire), you must manage the risks from that equipment. This means you must: - ensure the equipment is constructed or adapted to be suitable for the purpose it is used or provided for - take account of the working conditions and health [and safety risks](https://ashbrookeconsultants.co.uk/governance/the-evolution-and-importance-of-corporate-governance-in-the-uk/) in the workplace when selecting work equipment - ensure work equipment is only used for suitable purposes - ensure work equipment is maintained in an efficient state, in efficient working order and in good repair - where a machine has a maintenance log, keep this up to date - where the safety of work equipment depends on the manner of installation, it must be inspected after installation and before being put into use - where work equipment is exposed to deteriorating conditions liable to result in dangerous situations, it must be inspected to ensure faults are detected in good time so the [risk to health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/transport-safety-failures/) is managed - ensure that all people using, supervising or managing the use of work equipment are provided with adequate, clear [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/fire-safety/) information. This will include, where necessary, written instructions on its use and suitable equipment markings and warnings - ensure that all people who use, supervise or manage the use of work equipment have received adequate training, which should include the correct use of the equipment, the risks that may arise from its use and the precautions to take - where the use of work equipment is likely to involve a specific risk to health and safety (eg circular saw machine), ensure that the use of the equipment is restricted to those people trained and appointed to use it – in the current case where the school technician lost a finger, the local authority should have [restricted access](https://ashbrookeconsultants.co.uk/restricted-access/) to those workers who had received training. - take effective measures to prevent access to [dangerous parts of machinery](https://ashbrookeconsultants.co.uk/food-safety/dangerous-machinery-leads-to-fine/). This will normally be by fixed guarding but where routine access is needed, interlocked guards (sometimes with guard locking) may be needed to stop the movement of dangerous parts before a person can reach the danger zone. Where this is not possible, such as with the blade of a circular saw, it must be protected as far as possible and a [safe system of work](https://ashbrookeconsultants.co.uk/compliance/safe-systems-of-work/) used. These protective measures should follow the hierarchy laid down in PUWER regulation 11(2) and the [PUWER Approved Code of Practice and guidance](https://www.hse.gov.uk/pubns/priced/l22.pdf) or, for woodworking machinery, the [Safe use of woodworking machinery: Approved Code of Practice and guidance](https://www.hse.gov.uk/pubns/priced/l114.pdf) - take measures to prevent or control the risks to people from parts and substances falling or being ejected from work equipment, or the rupture or disintegration of work equipment - ensure that the risks from very hot or cold temperatures from the work equipment or the material being processed or used are managed to prevent injury - ensure that work equipment is provided with appropriately identified controls for starting, stopping and controlling it, and that these control systems are safe - where appropriate, provide suitable means of isolating work equipment from all power sources (including electric, hydraulic, pneumatic and gravitational energy) - ensure work equipment is stabilised by clamping or otherwise to avoid injury - take appropriate measures to ensure maintenance operations on work equipment can be carried out safely while the equipment is shut down, without exposing people undertaking maintenance operations to [risks to their health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/cleveland-potash-fined-3-6m-following-accidents/) When providing new work equipment for use at work, you must ensure it conforms with the essential requirements of any relevant product supply law (for new machinery this means the [Supply of Machinery (Safety) Regulations 2008](https://www.legislation.gov.uk/uksi/2008/1597/contents/made)). You must check it: - has appropriate conformity marking and is labelled with the manufacturer’s details - comes with a Declaration of Conformity - is provided with instructions in English - is free from obvious defects – and that it remains so during its working life If you require advice on health and safety in your workplace, please [contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/). **Categories:** Health and Safety, Prosecutions **Tags:** Health and Safety, prosecutions, safety, work equipment --- ### [Prosecution after worker loses part of hand](https://ashbrookeconsultants.co.uk/health-and-safety/worker-loses-part-of-hand/) **Published:** August 4, 2022 **Author:** Administrator **Content:** The Health and Safety Executive (HSE) has undertaken a prosecution after a worker loses part of hand. Laxtons Limited, a West Yorkshire manufacturing company, has been fined for safety breaches after a worker lost part of their hand in a textile machine. On 24 March 2021, an employee of Laxtons was running a number of textile machines. When he opened a guard to check on a build-up of fibres, he reached in to remove material, losing part of his hand. ## HSE investigation An investigation by the [Health and Safety Executive (HSE)](https://www.hse.gov.uk/) found that one of the machines had a defective interlock device. This allowed the machine to continue running when the guard, which was located over a pair of in-running rollers and gears, was opened. Laxtons Ltd of Shipley, West Yorkshire pleaded guilty to breaching Regulation 11 (1) of the [Provision and Use of Work Equipment Regulations 1998](https://www.legislation.gov.uk/uksi/1998/2306/contents/made). The company was fined £15,750 and ordered to pay £759 in costs at Leeds Magistrates’ Court. ![worker loses part of hand](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/pexels-antoni-shkraba-6620967-683x1024.jpg)Work equipment must be safe to use (stock image) [HSE](https://www.hse.gov.uk/index.htm "HSE") inspector Julian Franklin said: *“Machine guarding should be in line with the appropriate standard, and regularly checked. This incident could so easily have been avoided by simply training staff in the safe and correct way of operating machinery, and regularly checking that safety devices are functioning.”* ## Work equipment The Provision and Use of Work Equipment Regulations 1998, often abbreviated to PUWER, place duties on people and companies who own, operate or have control over work equipment. PUWER also places responsibilities on businesses and organisations whose employees use work equipment, whether owned by them or not. PUWER requires that equipment provided for use at work is: - suitable for the intended use - safe for use, maintained in a safe condition and inspected to ensure it is correctly installed and does not subsequently deteriorate - used only by people who have received adequate information, instruction and training - accompanied by suitable [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/bonfire-prosecution/) measures, such as protective devices and controls. These will normally include guarding, emergency stop devices, adequate means of isolation from sources of energy, clearly visible markings and warning devices - used in accordance with specific requirements, for mobile work equipment and power presses Some [work equipment is subject to other health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/school-technician-lost-a-finger/) legislation in addition to PUWER. For example, lifting equipment must also meet the requirements of the [Lifting Operations and Lifting Equipment Regulations 1998](https://www.legislation.gov.uk/uksi/1998/2307/contents/made) (LOLER), pressure equipment must meet the [Pressure Systems Safety Regulations 2000](https://www.legislation.gov.uk/uksi/2000/128/contents/made) and personal protective equipment must meet the [Personal Protective Equipment at Work Regulations 1992](https://www.legislation.gov.uk/uksi/1992/2966/contents/made) (PPE). If your business or organisation uses work equipment or is involved in providing work equipment for others to use (e.g. for hire), you must manage the risks from that equipment. This means you must: - ensure the equipment is constructed or adapted to be suitable for the purpose it is used or provided for - take account of the working conditions and health [and safety](https://ashbrookeconsultants.co.uk/health-and-safety/nestle-newcastle-factory-fine/) risks in the workplace when selecting work equipment - ensure work equipment is only used for suitable purposes - ensure work equipment is maintained in an efficient state, in efficient working order and in good repair - where a machine has a maintenance log, keep this up to date - where the safety of work equipment depends on the manner of installation, it must be inspected after installation and before being put into use - where work equipment is exposed to deteriorating conditions liable to result in dangerous situations, it must be inspected to ensure faults are detected in good time so the risk to [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/radiation-breach-prosecution/) is managed - ensure that all people using, supervising or managing the use of work equipment are provided with adequate, clear [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/asbestos-risk/) information. This will include, where necessary, written instructions on its use and suitable equipment markings and warnings - ensure that all people who use, supervise or manage the use of work equipment have received adequate training, which should include the correct use of the equipment, the risks that may arise from its use and the precautions to take - where the use of work equipment is likely to involve a specific risk to [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/bernard-mathews-worker-paralysed/) (eg woodworking machinery), ensure that the use of the equipment is restricted to those people trained and appointed to use it - take effective measures to prevent access to [dangerous parts of machinery](https://ashbrookeconsultants.co.uk/food-safety/dangerous-machinery-leads-to-fine/). This will normally be by fixed guarding but where routine access is needed, interlocked guards (sometimes with guard locking) may be needed to stop the movement of dangerous parts before a person can reach the danger zone. Where this is not possible, such as with the blade of a circular saw, it must be protected as far as possible and a safe system of work used. These protective measures should follow the hierarchy laid down in PUWER regulation 11(2) and the [PUWER Approved Code of Practice and guidance](https://www.hse.gov.uk/pubns/priced/l22.pdf) or, for woodworking machinery, the [Safe use of woodworking machinery: Approved Code of Practice and guidance](https://www.hse.gov.uk/pubns/priced/l114.pdf) - take measures to prevent or control the risks to people from parts and substances falling or being ejected from work equipment, or the rupture or disintegration of work equipment - ensure that the risks from very hot or cold temperatures from the work equipment or the material being processed or used are managed to prevent injury - ensure that work equipment is provided with appropriately identified controls for starting, stopping and controlling it, and that these control systems are safe - where appropriate, provide suitable means of isolating work equipment from all power sources (including electric, hydraulic, pneumatic and gravitational energy) - ensure work equipment is stabilised by clamping or otherwise to avoid injury - take appropriate measures to ensure maintenance operations on work equipment can be carried out safely while the equipment is shut down, without exposing people undertaking maintenance operations to [risks to their health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/cleveland-potash-fined-3-6m-following-accidents/) When providing new work equipment for use at work, you must ensure it conforms with the essential requirements of any relevant product supply law (for new machinery this means the [Supply of Machinery (Safety) Regulations 2008](https://www.legislation.gov.uk/uksi/2008/1597/contents/made)). You must check it: - has appropriate conformity marking and is labelled with the manufacturer’s details - comes with a Declaration of Conformity - is provided with instructions in English - is free from obvious defects – and that it remains so during its working life If you require advice on health and safety in your workplace, [please contact one of the Ashbrooke team.](https://ashbrookeconsultants.co.uk/contact-us/) **Categories:** Health and Safety, Prosecutions **Tags:** Health and Safety, prosecution, risk, safety, work equipment --- ### [Roadmap for flood and climate-resilience](https://ashbrookeconsultants.co.uk/agriculture/roadmap-for-flood-and-climate-resilience/) **Published:** August 11, 2022 **Author:** Administrator **Content:** In June, a roadmap for flood and climate-resilience was published. The [Environment Agency (EA)](https://www.gov.uk/government/organisations/environment-agency) launched the roadmap setting out practical actions to be taken over the next four years to tackle the growing threat of flooding from rivers, the sea, and surface water as well as coastal erosion. The [FCERM Strategy Roadmap](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1080740/FCERM-Strategy-Roadmap-to-2026-FINAL.pdf) builds on existing progress and sets out how we can be better prepared for the unavoidable impacts of climate change by ensuring the country is resilient and ready to respond and adapt to flooding and coastal change. The Environment Agency will be delivering the Roadmap with many partners including local authorities, local drainage boards, farmers, environmental groups, infrastructure providers and the insurance sector. Delivery of the actions in the Roadmap will improve climate-resilience and will: - Ensure that new homes will be safe from flooding. - Maximise the use of nature to enhance flood and coastal resilience while aiding nature recovery. - Improve the flood resilience of our roads, railways, and other vital national infrastructure. - Ensure the delivery of environmental improvements and sustainable growth as part of flood and coastal projects. - Enhance our flood forecasting and warning services to help people be better prepared to respond to flood events. - Support building back better to reduce the damage and disruption caused by flooding. - Work with communities and local partners to develop long term plans to manage future flooding and coastal change and adapt to future hazards. ## Climate-resilience The Roadmap was launched by the Environment Agency’s Chief Executive, Sir James Bevan, and Floods Minister, Rebecca Pow, at the [Flood and Coast Conference](https://www.floodandcoast.com/). It directly supports the implementation of the £5.2 billion capital investment programme which will better protect many hundreds of thousands of properties from flooding and coastal erosion by 2027. > *“This roadmap sets out how we can build a more resilient nation. It will work alongside our record investment of £5.2 billion in flood and coastal defences between 2021 and 2027 to help better protect communities.* > > *Climate change will only bring more extreme weather and this roadmap will spur on the timely action required to manage flood and coastal risk, help reduce the costly impacts and manage the risks to people’s homes and businesses across the country.”* > > Floods Minister, Rebecca Pow ![climate-resilience](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/pexels-hanabi-dae-8022761.jpg)flood and climate-resilience will impact all sectors> *“Climate change is happening now, and its impacts will continue to worsen. Rainfall patterns are changing, causing more frequent flooding, and while we continue to protect and prepare coastal communities from rising sea levels, it is inevitable that at some point some of our communities will have to move back from the coast.* > > *We all need to adapt and become more resilient to these challenges, and this roadmap sets out actions that will be taken to do this over the next four years.* > > *It will ensure that we make our communities more resilient to flooding and coastal change, so that when it does happen, it causes much less harm to people, does much less damage, and ensures life can get back to normal much quicker.”* > > Sir James Bevan, Chief Executive of the [Environment Agency](https://ashbrookeconsultants.co.uk/environment/1-2m-fine-for-water-company/) ## Roadmap key elements Key actions from the roadmap include: - Developing a new national assessment of flood risk from rivers, the sea and surface water that will provide better data and mapping to inform future risk and investment decisions. - Working with coastal groups to update the policies and actions in Shoreline Management Plans so they reflect adaptation to a changing climate. - Working with national infrastructure providers, including National Highways and Network Rail, on joint investment opportunities to ensure national infrastructure is resilient to future flooding and coastal change. - Working with Ofwat to ensure that water company assets are resilient and contribute to better flood risk outcomes. - Working with [Natural England](https://www.gov.uk/government/organisations/natural-england), the [Wildfowl & Wetlands Trust](https://www.wwt.org.uk/), and other partners to collate evidence and case studies to help mainstream nature-based solutions that enhance flood and coastal resilience and nature recovery. - Working with Flood Re and the insurance sector to develop a communications programme for homeowners to signpost advice and support on the benefits of property flood resilience. - Developing new training materials with the Town and Country Planning Association to help improve skills and capabilities on flood risk and development planning. - [Working with the Environment Agency’s](https://ashbrookeconsultants.co.uk/agriculture/urgent-need-to-work-with-nature/) supply chain to ensure all flood and coastal projects adopt low carbon technologies that contribute to zero carbon targets. - Continuing to improve the Environment Agency’s digital tools for people to check their flood risk and sign up to flood warnings. - Working with [Department for Education](https://www.gov.uk/government/organisations/department-for-education), schools, and children’s charities to improve young people’s knowledge of flood risk and climate change. The publication of the Roadmap comes after the Environment Agency announced that it had exceeded its target in delivering the government’s £2.6 billion investment in flood and coastal defence schemes since 2015, better protecting more than 314,000 homes. The Environment Agency is now working alongside partners to deliver on the government’s record investment of £5.2 billion in flood and coastal defences between 2021 and 2027, which will better protect hundreds of thousands more properties as well as avoid £32 billion of wider economic damages. If you require advice on environmental issues, [please contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Agriculture, Environment **Tags:** climate, climate change, climate-resilience, environment, Environment Agency, flooding --- ### [Proven: Skip Boss Receives a Suspended Prison Term](https://ashbrookeconsultants.co.uk/environment/proven-skip-boss-receives-a-suspended-prison-term/) **Published:** August 28, 2026 **Author:** Administrator **Excerpt:** Chelmsford magistrates’ court heard about Roy Brett’s “repeated failure” to accept Environment Agency warnings regarding overflowing skips and uncovered waste. Brett’s company, RJ Brett Contracts Ltd, was fined £3,000 for similar offences. **Content:** A skip boss of a business near Braintree that hires out rubbish skips has been sentenced to a 6-month suspended prison term. Chelmsford magistrates’ court heard about Roy Brett’s “repeated failure” to accept [Environment Agency](https://www.gov.uk/government/organisations/environment-agency) warnings regarding overflowing skips and uncovered waste. Brett’s company, RJ Brett Contracts Ltd, was fined £3,000 for similar offences. > Chair of the bench Andrew McGregor said the site “posed multiple risks to the environment and human safety, including by fire.” ![yard full of waste](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/08/ROY_BRETT_ENVIRONMENT_AGENCY.jpg)The yard was full of wood, metal, textiles and builders’ rubbish. Between 2024 and this year, Brett refused to comply with repeated orders. However, Skip boss Brett’s inaction allowed the waste to overflow from an ever-growing number of skips. Additionally, the site was exposed to the elements, with no sealed drainage. Roy Brett’s yard is nestled in green fields near Braintree, but he ignored repeated warnings about the number of skips and amount of waste built up at the site The yard was full of wood, metal, textiles and builders’ rubbish. Hardly any space was left, causing a fire-risk, and a lot of waste was just stored on the ground. Brett had claimed he “didn’t do e-mails,” so “missed” written instructions to remove the waste, piled up across the site. But the [Environment Agency](https://ashbrookeconsultants.co.uk/environment/serious-waste-offences/) also warned him in person. He didn’t have an environmental permit to manage the yard, but finally, after lots of excuses and denial when challenged by the [Environment Agency](https://ashbrookeconsultants.co.uk/environment/waste-exports-prosecution/), Brett admitted in court to breaching environmental law. RJ Brett Contracts Ltd was also charged. Brett faces a custodial sentence if he commits other offences or doesn’t clear the site by November. > Lesley Robertson, enforcement team leader for the [Environment Agency](https://ashbrookeconsultants.co.uk/environment/tcm-attendance-changes/) in Essex, Norfolk and Suffolk, said: > > “It wasn’t credible for an operator like Roy Brett, [director of three other waste companies](https://ashbrookeconsultants.co.uk/health-and-safety/company-director-fined/) and years of experience, to say he misunderstood the need for an environmental permit or justify having an exemption from needing one. > > “The operation undercut rivals by avoiding permitting and subsistence fees. They also evaded permit conditions designed to protect the environment.” Essex County Fire and Rescue Service had concerns about the site, too. They told Brett to tidy up the yard, and make sure no waste that could start a fire was brought in. The [Environment Agency](https://ashbrookeconsultants.co.uk/agriculture/urgent-need-to-work-with-nature/) began an investigation into the site in July 2024. Officers found more than a dozen skips brimming with waste. Brett was given 3 months to remove it all. Officers were back on site when the deadline passed as the situation hadn’t improved. Brett was then warned the site must be cleaned up, or face prosecution. By early 2025, almost 50 skips filled the yard, some on top of others. Officers also saw large piles of wood and soil. There were also problems with smells. Brett sought to legitimise his waste operation by registering exemptions from [environmental permits](https://ashbrookeconsultants.co.uk/environment/environmental-permitting/) that are meant for low-risk activity. But the [Environment Agency](https://ashbrookeconsultants.co.uk/environment/pollution-enforcement-undertaking/) deregistered the exemptions when the site took on too much waste. As well as the order to remove all waste, the 66-year-old, of Winstree Road, Stanway, in Colchester, was sentenced to 6 months in prison, suspended for 18 months. He was ordered to undergo 30 days of rehabilitation activities and told to pay a £154 victim surcharge. RJ Brett Contracts Ltd was fined £3,000 and must pay a victim surcharge of £1,200, in relation to breaches of the waste removal order. The penalties accompany the custodial sentence and relate to the company’s involvement in those offences. RJ Brett Contracts Ltd was charged with 4 offences: - operating the waste facility at Lanham Green Road in Cressing, without an environmental permit between 3 July 2024 and 31 January 2025; - and between 1 February 2025 and 30 January 2026, both contrary to regulations 12 and 38 (1)(a) of the Environmental Permitting (England and Wales) Regulations 2016; - failing to comply with a notice dated 28 November 2024, requiring the company to remove controlled waste from the site by 30 January 2025, contrary to sections 59ZB(2) and 59ZB(6) of the Environmental Protection Act 1990; - and keeping controlled waste at the site in a manner likely to cause environmental pollution or harm to human health, contrary to section 33(1)(c) contrary to Section 33(1)(c) of the Environmental Protection Act 1990. Roy Brett was also charged with 4 offences: - contrary to regulations 12, 38(1)(a) and 41(1) of the Environmental Permitting (England and Wales) Regulations 2016, knowing of or contributing to operation of the waste facility at Lanham Green Road, in Cressing, by RJ Brett Contracts Ltd, without an environmental permit between 3 July 2024 31 January 2025; - and between 1 February 2025 and 30 January 2026; - contrary to section 59(5) and s157(1) of the Environmental Protection Act 1990. knowing of or contributing to RJ Brett Contracts Ltd failing to comply with a notice dated 28 November 2024 served on the company, requiring it to remove controlled waste from the site by 30 January 2025; - contrary to sections 33(1)(c) and 157 of the [environment](https://ashbrookeconsultants.co.uk/agriculture/hello-world-2/)al Protection Act 1990, knowing of or contributing to RJ Brett Contracts Ltd keeping controlled waste in a manner likely to cause pollution to the environment or harm to human health. Anyone can check to see if a site is licensed to receive waste. The register can be found on the Environment Agency’s website [here](https://environment.data.gov.uk/public-register/view/index). If you require expert assistance for your waste business, please [reach out to the Ashbrooke advisory team today](https://ashbrookeconsultants.co.uk/contact-us/). **Categories:** Environment, Prosecutions **Tags:** environment, Environment Agency, prosecutions --- ### [Vehicle injured guard](https://ashbrookeconsultants.co.uk/health-and-safety/vehicle-injured-guard/) **Published:** October 21, 2022 **Author:** Administrator **Excerpt:** Vehicle injured guard which has resulted in a meat production company being fined £440,000. The security guard at an abattoir was seriously injured by a vehicle passing through the site gate. **Content:** Vehicle injured guard which has resulted in a meat production company being fined £440,000. The security guard at an abattoir was seriously injured by a vehicle passing through the site gate. The 63-year-old security guard, who was working for an independent security company, was on duty at the gated entrance of the Dunbia (UK) abattoir at Hatherleigh, near Okehampton, Devon early on the morning of November 29, 2018. Her duties included operating the gates to allow delivery vehicles to enter and exit the site. She sustained serious leg and head injuries requiring surgery when she was hit by a vehicle towing a trailer leaving the site. She was holding the gate open at the time. An investigation by the [Health and Safety Executive (HSE)](https://www.hse.gov.uk/) found that the system of work was unsafe and that the company’s risk assessments did not extend to the security guards. Risks had not been adequately assessed or controlled. Although there was a high volume of vehicle movements on site there was no segregation between the vehicle routes and pedestrians on site. Dunbia (UK), of Castle Street, Exeter, pleaded guilty to breaching Section 3(1) of the [Health & Safety at Work etc. Act 1974](https://www.legislation.gov.uk/ukpga/1974/37/contents). the company was fined £440,000 and ordered to pay costs of £27,016 and a victim surcharge of £170 at Plymouth Magistrates Court on 12 October 2022. > “Employers have a legal duty to ensure that the [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/cleveland-potash-fined-3-6m-following-accidents/) of their employees, contractors and members of the public are not put at risk. > > “This incident could have been avoided had the company assessed the [risks from vehicle movements and implemented safety](https://ashbrookeconsultants.co.uk/health-and-safety/dyson-fined-after-worker-injured/) measures including segregating vehicles and pedestrians.”HSE inspector Victoria Buchanan ![Vehicle injured guard](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/10/pexels-marcin-jozwiak-2800121-1024x682.jpg)Does your workplace transport keep pedestrians safe?## Vehicle Safety When considering the risks from vehicle manoeuvring, employers must ensure that vehicles have large enough windscreens (with wipers where necessary) and external mirrors to provide an all-round field of vision. It is often worthwhile adding extra mirrors to reduce blind spots for drivers. Side mirrors can allow drivers of larger vehicles to see cyclists and pedestrians alongside their vehicles and can be effective in improving visibility around the vehicle from the driving position. These mirrors are fitted to larger road-going vehicles as standard. Drivers should not place items in the windscreen area or in the way of mirrors or monitors, where they might impede visibility from the driving position. The area of the windscreen that is kept clear by the wipers should not be obscured, and nor should the side windows. Windows and mirrors will also normally need to be kept clean and in good repair. Dirt or cracks can make windows or mirrors less effective. Some types of vehicles (such as straddle carriers, large shovel loaders and some large quarry vehicles) often have poor visibility from the cab. Visibility can be poor to the side or front of a vehicle as well as behind and loads on vehicles can severely limit the visibility from the driving position. Lift trucks and compact dumper vehicles in particular can have difficulty with forward visibility when they are transporting bulky loads. Employers should recognise these risks in their risk assessment and think about ways to minimise them. ## Vehicle CCTV Closed-circuit television (CCTV) may help drivers to see clearly behind or around the vehicle. CCTV can cover most blind spots and the cost of fitting CCTV systems has fallen since the technology was first developed. Companies who have fitted CCTV have found that it can reduce the number of reversing accidents, so the systems usually pay for themselves in a few years. Colour systems can provide a clearer image where there is little contrast (for example, outside on an overcast day). However, black-and-white systems normally provide a better image in lower light or darkness, and usually come with infra-red, which can be more effective than standard cameras at night. Monitors should have adjustable contrast, brightness and resolution controls to make them useful in the different light conditions in which they will be used. Drivers may need to use a hood to shield any monitor from glare. If possible, fit the camera for a CCTV system high up in the middle of the vehicle’s rear (one camera), or in the upper corners (two cameras). This will provide a greater field of vision and a better angle for the driver to judge distance and provide. It also keeps the camera clear of dust and spray, and out of the reach of thieves or vandals. However, CCTV systems do have some limitations which employers should consider: - If the vehicle leaves a darker area to a more strongly lit area (for example, driving out of a building) the system may need time to adjust to the brightness. - A dirty lens will make a camera much less effective. - Drivers may find it difficult to judge heights and distances. Drivers should not be complacent about safety even with CCTV systems installed. They should be trained in proper use of the equipment and employers have a duty to provide such training and instruction. ## Vehicles Reversing Reversing alarms may be drowned out by other noise or may be so common on a busy site that pedestrians do not take any notice. It can also be hard to know exactly where an alarm is coming from, and people who are less able to hear are also at greater risk. Alarms can also disturb nearby residents. However, reversing alarms may be appropriate (based on the risk assessment) but might be most effectively used with other measures, such as warning lights. Additional advice on transport safety can be found in the HSE [Guide to workplace transport safety (HSG 136, 2014)](https://www.hse.gov.uk/pubns/priced/hsg136.pdf) which is available free on the website. If you require health and safety advice or support for your business, [please contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Health and Safety, Prosecutions **Tags:** Health and Safety, prosecutions, transport --- ### [Roofer jailed following fall injuries](https://ashbrookeconsultants.co.uk/health-and-safety/roofing-contractor-jailed/) **Published:** August 3, 2022 **Author:** Administrator **Content:** Roofer jailed for four months after a worker was seriously injured falling through a fragile roof on to a concrete floor. The man and another labourer, who were working for Geoff Whitehouse, trading as Midland Roofing, were working on a fragile roof on 11 August 2021 to remove old skylights at premises in Henley Road, Warwick. The injured worker fell approximately three metres through the roof and suffered serious multiple fractures including a fractured skull. ## HSE investigation An investigation by the [Health and Safety Executive (HSE)](https://www.hse.gov.uk/) found that the majority of the work could have been done from underneath the roof. The inside of the roof could have been fitted with nets prior to anyone going on to the fragile surface so that someone falling would have been saved by the nets. The [work at height](https://ashbrookeconsultants.co.uk/health-and-safety/work-at-height/) was not adequately planned, managed nor supervised. Additionally, Mr Whitehouse did not have [employers’ liability insurance](https://ashbrookeconsultants.co.uk/health-and-safety/uninsured-employer-prosecuted/) in place. Employers’ liability insurance ensures employers to have at least the minimum level of insurance to cover against claims brought by employees that are injured at work or become ill as a result of work. Geoff Whitehouse, trading as Midland Roofing, of Worcester pleaded guilty to breaches under Section 1(1) of the Employers Liability (Compulsory Insurance) Act 1969 and Regulation 4(1) of the [Work at Height](https://ashbrookeconsultants.co.uk/health-and-safety/steel-company-fined-for-safety-breaches/) Regulations 2005 (as amended) at Coventry Magistrates’ Court. He was sentenced to four months in prison at Redditch Magistrates’ Court. ![roofer jailed](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/07/working-structure-fall-building-beam-steel-575988-pxhere.com_-702x1024.jpg)Working at height requires careful planning (stock image) Speaking after the hearing, [HSE](https://www.hse.gov.uk/index.htm "HSE") inspector Michael Griffiths, said: *“Fragile roofs can and do kill. It does not matter how careful you are standing, sitting or walking on a fragile roof, the roof can collapse as it did in this case, causing potentially life-changing injuries. This case also highlights the need for ELCI insurance in this sort of work where self-employed labourers under the control of a sole trader are ‘employees’ under [Health and Safety](https://ashbrookeconsultants.co.uk/health-and-safety/cleveland-potash-fined-3-6m-following-accidents/) Law.”* ## Employers’ liability insurance Most employers are required by the law to insure against liability for injury or disease to their employees arising out of their employment. The [Employers’ Liability (Compulsory Insurance) Act 1969](https://www.legislation.gov.uk/ukpga/1969/57/contents) requires employers to have at least a minimum level of insurance against any such claims. Employers’ liability insurance will cover relevant work injuries or illness whether these are caused on or off site. However, any injuries or illness relating to motor accidents which occur while employees are at work may be covered separately by the employer’s motor insurance. Public liability insurance is different. It covers employers for claims made against them by members of the public or other businesses, but not for claims by employees. While public liability insurance is generally voluntary, employers’ liability insurance is compulsory. Employers can be fined if they do not hold a current employers’ liability insurance policy which complies with the law. Employers must display a copy of this certificate where employees have reasonable access to it. If they do not, they can be fined. Since 1 October 2008, employers have been allowed to satisfy this requirement by displaying the certificate electronically for example on the company’s intranet or website. If your employer chooses this method, they must ensure that you know how and where to find the certificate and you have reasonable access to it. Falls from height are the most common cause of workplace fatalities accounting for 29 deaths in 2021/22. An operation at height requires careful planning and the use of suitable equipment. A risk assessment should be undertaken as part of the planning and detail the controls required to ensure workers’ safety including any fall arrest systems to be used. Any worker involved in an activity at height must be competent to carry out the task and be proficient in using the equipment provided. If you require advice on health and safety in your workplace, [please contact one of the Ashbrooke team.](https://ashbrookeconsultants.co.uk/contact-us/) **Categories:** Health and Safety, Prosecutions **Tags:** falls, Health and Safety, prosecutions, risk, safety, working at height --- ### [Ultimate safety guide to working at height](https://ashbrookeconsultants.co.uk/health-and-safety/ultimate-safety-guide-to-working-at-height/) **Published:** August 30, 2022 **Author:** Administrator **Excerpt:** The purpose of The Work at Height Regulations 2005 is to prevent death and injury caused by a fall from height. If you are an employer or you control work at height (for example facilities managers or building owners who may contract others to work at height) the Regulations apply to you, and you must take steps to eliminate or reduce the risks as far as reasonably practicable. **Content:** A waste management company has been fined £190,000 after a contractor died when he fell seven metres while carrying out maintenance work and our ultimate safety guide to working at height will help avoid similar accidents in your business. The experienced maintenance contractor was part of a team under the control and direction of Wiltshire-based Hills Waste Solutions Limited. He sustained fatal injuries in the fall on 18 November 2020, while working on a mechanical screening and separating plant on the Hills Waste Solutions site in Stephenson Road, Westbury. An investigation by the [Health and Safety Executive (HSE)](https://www.hse.gov.uk/) found that Hills Waste Solutions Limited failed to ensure that work at height was properly assessed and planned. The company failed to consider and identify how the necessary [work at height](https://ashbrookeconsultants.co.uk/health-and-safety/work-at-height/) could be carried out safely to ensure that the risk of falls was controlled. Hills Waste Solutions Limited, of Swindon pleaded guilty to breaching Regulation 4(1) of the [Work at Height Regulations 2005](https://www.legislation.gov.uk/uksi/2005/735/contents/made). The company was fined £190,000 and ordered to pay costs of £14,816, with a victim surcharge of £190 at Aldershot Magistrates’ Court on 17 August 2022. > “Those in control of work have a duty to assess the risks and devise safe methods of working and to provide the necessary information, instruction and training to those undertaking the work”. > > “This incident could have been prevented had the work been adequately planned.” > > HSE inspector Matt Tyler ![ultimate safety guide to working at height](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/Ashbrooke-work-at-height-1024x512.webp)## **Ultimate safety guide to working at height** The purpose of [The Work at Height Regulations 2005](https://www.legislation.gov.uk/uksi/2005/735/contents/made) is to prevent death and injury caused by a fall from height. If you are an employer or you control work at height (for example facilities managers or building owners who may contract others to work at height) the Regulations apply to you, and you must take steps to eliminate or reduce the risks as far as reasonably practicable. Employers and those in control of any work at height activity must make sure work is properly planned, supervised and carried out by competent people. This includes using the right type of equipment for working at height. Low-risk, relatively straightforward tasks will require less effort when it comes to planning. Employers and those in control must first assess the risks. Employees have general legal duties to take reasonable care of themselves and others who may be affected by their actions, and to co-operate with their employer to enable their [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/transport-safety-failures/) duties and requirements to be complied with. ## **Step by step guide to working at height** Considering the risks associated with work at height and putting in place sensible and proportionate measures to manage them is an important part of working safely. Follow this simple step-by-step guide to help you control risks when working at height. Can you avoid working at height in the first place? Do as much work as possible from the ground. A [health and safety manager who I worked](https://ashbrookeconsultants.co.uk/health-and-safety/engineer-tragically-died-working-near-river/) with for many years always used to say, “*the safest place to be when doing work at height is on the ground*!” Some practical examples of this include: - using extendable tools from ground level to remove the need to climb a ladder - installing cables at ground level - lowering a lighting mast to ground level - ground level assembly of edge protection If you cannot avoid working at height by the above measures, then you should put in place measures to prevent a fall. ## **Can you prevent a fall from occurring?** Falls can be prevented by taking measures such as (i) using an existing place of work that is already safe, e.g. a non-fragile roof with a permanent perimeter guardrail or, if not, using work equipment to prevent people from falling. Some practical examples of collective protection when using an existing place of work such as a concrete flat roof with existing edge protection, or guarded mezzanine floor, or plant or machinery with fixed guard rails around it. Some practical examples of collective protection using work equipment to prevent a fall: - mobile elevating work platforms (MEWPs) such as scissor lifts - tower scaffolds - scaffolds An example of personal protection using work equipment to prevent a fall would be using a work restraint (travel restriction) system that prevents a worker getting into a fall position. ## **Can you minimise the distance and or consequences of a fall?** If the risk of a person falling remains, you must take sufficient measures to minimise the distance and/or consequences of a fall. Practical examples of collective protection using work equipment to minimise the distance and consequences of a fall include safety nets and soft-landing systems, e.g. air bags, installed close to the level of the work. An example of personal protection used to minimise the distance and consequences of a fall would be industrial rope access, e.g. working on a building façade, or a fall arrest system using a high anchor point. ## **Can I use ladders when working at height?** For tasks of low risk and short duration, ladders and stepladders can be a sensible and practical option. However, ladders should not automatically be your first choice. If your risk assessment determines it is correct to use a ladder, you should further minimise the risk by making sure workers: - use the right type of ladder for the job - are competent (you can provide adequate training and/or supervision to help) - use the equipment provided safely and follow a safe system of work - are fully aware of the risks and measures to help control them There are simple, sensible precautions you should take to [stay safe](https://ashbrookeconsultants.co.uk/agriculture/staying-safe-near-cattle/) when using portable leaning ladders and stepladders in the workplace. Employers must make sure that workers use the right type of ladder and that they know how to use it safely. ![ultimate safety guide to working at height](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/000_0394-1024x768.jpg)Netting to prevent falls## **When to use a ladder at work** Ladders can be used for [work at height when an assessment of the risk](https://ashbrookeconsultants.co.uk/health-and-safety/roofing-contractor-jailed/) for carrying out a task has shown that using equipment that offers a higher level of fall protection is not justified. This is because of the low risk and short duration of use, or there are existing workplace features which cannot be altered. Short duration is not the deciding factor in establishing whether use of a ladder is acceptable – employers must have first considered risk. As a guide, if your task would require staying up a leaning ladder or stepladder for more than 30 minutes at a time, it is recommended you use alternative equipment. You should only use ladders in situations where they can be used safely, e.g. where the ladder will be level and stable, and can be secured (where it is reasonably practicable to do so). ## **Know how to use a ladder safely when working at height** To use a ladder, workers must be competent or, if they are being trained, they should be working under the supervision of a competent person. Competence can be demonstrated through a combination of training, practical and theoretical knowledge, and experience. In addition, training should be appropriate for the task, and this includes knowing: - how to assess the risks of using a ladder for a particular task - when it is right to use a ladder (and when it is not) - which type of ladder to use and how to use it ## **How to check your ladder is safe before you use it** Employers must have procedures in place to ensure that before using a ladder, employees have access to user instructions from the manufacturer in case they need to refer to them and that workers always carry out a ‘pre-use’ check to spot any obvious visual defects to make sure the ladder is safe to use. A pre-use check should be carried out: - by the person using the ladder - at the beginning of the working day - after something has changed, e.g., a ladder has been dropped or moved from a dirty area to a clean area (check the state or condition of the feet) The check should include: - the stiles – make sure they are not bent or damaged, as the ladder could buckle or collapse - the feet – if they are missing, worn or damaged the ladder could slip. Also check the ladder feet when moving from soft/dirty ground (e.g. dug soil, loose sand/stone, a dirty workshop) to a smooth, solid surface (e.g. paving slabs), to make sure the actual feet and not the dirt (e.g. soil, chippings or embedded stones) are making contact with the ground - the rungs – if they are bent, worn, missing or loose, the ladder could fail - any locking mechanism – does the mechanism work properly? Are components or fixings bent, worn or damaged? If so, the ladder could collapse. Ensure any locking bars are fully engaged - the stepladder platform – if it is split or buckled, the ladder could become unstable or collapse - the steps or treads on stepladders – if they are contaminated, they could be slippery; if the fixings are loose on the steps, they could collapse If employees identify any of the above defects, they should not use the ladders and should report the faults to the person in charge of the work. ## **Types of ladder and how to use them safely** ### **Ultimate safety guide to working at height: Leaning ladders** When using a leaning ladder to carry out a task: - Only carry light materials and tools – read the manufacturer’s labels on the ladder and assess the risks - Do not overreach – make sure your belt buckle (or navel) stays within the stiles - Make sure the ladder is long enough or high enough for the task - Do not overload the ladder – consider your weight and the equipment or materials you are carrying before working at height - Check the pictogram or label on the ladder for any advisory information - To help make sure the ladder angle is at the safest position to work from- you should use the 1-in-4 rule. This is where the ladder should be one space or unit of measurement out for every four spaces or units up (a 75° angle) - Always grip the ladder and face the ladder rungs while climbing or descending – do not slide down the stiles - Do not try to move or extend the ladder while standing on the rungs - Do not work off the top three rungs. Try to make sure that the ladder extends at least 1 metre or three rungs above where you are working - Do not stand ladders on movable objects, such as pallets, bricks, lift trucks, tower scaffolds, excavator buckets, vans or mobile elevating work platforms - Avoid holding items when climbing (consider using a tool belt) - Do not work within 6 m horizontally of any overhead power line, unless it has been made dead or it is protected with insulation. Use a non-conductive ladder (e.g. fibreglass or timber) for any electrical work - Maintain three points of contact when climbing and wherever possible at the work position. - Where you cannot maintain a handhold, other than for a brief period (e.g. to hold a nail while starting to knock it in, start a screw etc), you will need to take other measures to prevent a fall or mitigate the consequences if one happened - Secure the ladder (e.g. by tying the ladder to prevent it from slipping either outwards or sideways) and have a strong upper resting point (i.e. do not rest it against weak upper surfaces such as glazing or plastic gutters) - Consider using an effective stability device (a device which, if used correctly, prevents the ladder from slipping, some types of ladders come with these) ### **Ultimate safety guide to working at height: Telescopic ladders** Telescopic ladders are a variation of leaning ladders but remember that they do not all work in the same way. They should always be used, stored and transported with care and kept clean. In addition to following this guidance, it is important you read and follow the user instructions provided by the manufacturer. Before every use – in addition to the normal ladder checks – make sure they are operating correctly and that the mechanisms that lock each section are working properly. Always follow the user instructions regarding the opening and closing procedure. Be aware of the potential for trapping fingers between the closing sections. Remember some of the important parts are inside where they cannot be seen. If you are in any doubt, do not use them. ### **Ultimate safety guide to working at height: Stepladders** Our ultimate [safety guide](https://ashbrookeconsultants.co.uk/health-and-safety/managing-home-workers-health-safety/) to working at height would not be complete without mentioning stepladders. When using a stepladder to carry out a task: - Check all four stepladder feet are in contact with the ground and the steps are level - Only carry light materials and tools - Do not overreach - Do not stand and work on the top three steps (including a step forming the very top of the stepladder) unless there is a suitable handhold - Ensure any locking devices are engaged - Try to position the stepladder to face the work activity and not side on. However, there are occasions when a risk assessment may show it is safer to work side on, e.g. in a retail stock room when you cannot engage the stepladder locks to work face on because of space restraints in narrow aisles, but you can fully lock it to work side on - Try to avoid work that imposes a side loading, such as side-on drilling through solid materials (e.g. bricks or concrete) - Where side loadings cannot be avoided, you should prevent the steps from tipping over, e.g., by tying the steps. Otherwise, use a more suitable type of access equipment - Maintain three points of contact at the working position. This means two feet and one hand, or when both hands need to be free for a brief period, two feet and the body supported by the stepladder. When deciding whether it is safe to carry out a particular task on a stepladder where you cannot maintain a handhold (e.g. to put a box on a shelf, hang wallpaper, or install a smoke detector on a ceiling), the decision needs to be justified, taking into account: - the height of the task - whether a handhold is still available to steady yourself before and after the task - whether it is light work - whether it avoids side loading - whether it avoids overreaching - whether the stepladder can be tied (e.g. when side-on working) ### **Ultimate safety guide to working at height: Combination and multi-purpose ladders** Combination and multi-purpose ladders can be used as stepladders, a variation of stepladders or leaning ladders. Combination ladders are sometimes referred to as ‘A’ frame ladders and these types of ladders can be used in a variety of different configurations. You should: - check to ensure that any locking mechanism is properly engaged before use - always recheck the locking mechanism if the setup of the ladder is changed - on three-part combination ladders, never extend the top section (the section extending above the A frame) beyond the limit marked on the ladder and specified in the user manual ## **Where ladders should be used** As a guide, only use a ladder: - on firm ground - on level ground – refer to the manufacturer’s pictograms on the side of the ladder. Use proprietary levelling devices, not ad-hoc packing such as bricks, blocks, timbers etc - on clean, solid surfaces (paving slabs, floors etc). These need to be clean (no oil, moss or leaf litter) and free of loose material (sand, packaging materials etc) so the feet can grip. Shiny floor surfaces can be slippery even without contamination - where it will not be struck by vehicles (protect the area using suitable barriers or cones) - where it will not be pushed over by other hazards such as doors or windows, i.e., secure the doors (not fire exits) and windows where possible - where the general public are prevented from using it, walking underneath it or being at risk because they are too near (use barriers, cones or, as a last resort, a person standing guard at the base) - where it has been secured ## **Securing ladders and ladders used for access** There are various options available for securing ladders: - Tie the ladder to a suitable point, making sure both stiles are tied - Where this is not practical, secure the ladder with an effective ladder stability device - If this is not possible, securely wedge the ladder (e.g. wedge the stiles against a wall) If you cannot achieve any of these options, foot the ladder – footing is the last resort. ## **Ladders used for access** In general: - Ladders used to access another level should be tied and extend at least 1 m above the landing point to provide a secure handhold - At ladder access points, a self-closing gate is recommended - Stepladders should not be used to access another level unless they have been specifically designed for this. ## **Inspecting the condition of ladders** An important element in our ultimate [safety guide for working](https://ashbrookeconsultants.co.uk/health-and-safety/leading-health-safety-at-work/) at height is inspections. Employers need to make sure that any ladder or stepladder is both suitable for the work task and in a safe condition before use. As a guide, only use ladders or stepladders that: - have no visible defects – they should have a pre-use check each working day - have an up-to-date record of the detailed visual inspections carried out regularly by a competent person. These should be done in accordance with the manufacturer’s instructions. Ladders that are part of a scaffold system still have to be inspected every seven days as part of the scaffold inspection requirements - are suitable for the intended use, i.e. are strong and robust enough for the job - have been maintained and stored in accordance with the manufacturer’s instructions A detailed visual inspection is similar to pre-use checks, in that it is used to spot defects and can be done on site by a competent employee. Pre-use checks make sure that a ladder is safe to use and are for the immediate benefit of the ladder user. These checks do not need to be recorded. Any problems or issues should be reported to a manager. Detailed visual inspections are the responsibility of the employer. They should be carried out at fixed intervals and recorded. Records of these inspections provide a snapshot of the state of the ladders over time. When doing an inspection, look for: - damaged or worn ladder feet - twisted, bent or dented stiles - cracked, worn, bent or loose rungs - missing or damaged tie rods - cracked or damaged welded joints, loose rivets or damaged stays Pre-use checks and inspections of ladder stability devices and other accessories should be performed in accordance with the manufacturer’s instructions. Consider any trends in defect reporting which may suggest that they ladders are not being maintained or are not suitable for the work task being conducted. ## **Ladder product standards** There are a number of recognised Standards that are relevant to ladders which include the [EN131 standard for portable steps and ladders](https://knowledge.bsigroup.com/products/ladders-terms-types-functional-sizes/standard). While [BS2037](https://knowledge.bsigroup.com/products/specification-for-portable-aluminium-ladders-steps-trestles-and-lightweight-stagings/standard) and [BS1129](https://knowledge.bsigroup.com/products/specification-for-portable-timber-ladders-steps-trestles-and-lightweight-stagings/standard) have been withdrawn, ladders originally made to these standards prior to their withdrawal may still be used (subject to following user instructions and guidance on safe use). ## **Conclusion** The success to any working at height activity is in the planning. As an employer you should ensure that all working at height tasks are carefully planned, use the correct equipment and that workers are competent to carry out the activity. This ultimate safety guide to working at height should help you plan for such work activities and, if you require advice or support for your business, [please contact one of the Ashbrooke team.](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us") **Categories:** Health and Safety, Prosecutions **Tags:** falls, Health and Safety, prosecutions, risk, safety, ultimate guide, working at height --- ### [Landlord ignored gas safety duties](https://ashbrookeconsultants.co.uk/health-and-safety/landlord-ignored-gas-safety-duties/) **Published:** September 10, 2024 **Author:** Administrator **Excerpt:** A landlord ignored gas safety duties and was given a suspended sentence of 26 weeks and electronically tagged for 4 months after putting the lives of her tenants at risk by not maintaining gas appliances at a property in Kent. **Content:** A landlord ignored gas safety duties and was given a suspended sentence of 26 weeks and electronically tagged for 4 months after putting the lives of her tenants at risk by not maintaining gas appliances at a property in Kent. Dawn Holliday, 62, refused to undertake gas safety checks even after the [Health and Safety Executive](https://www.hse.gov.uk/) (HSE) took enforcement action against her. Ms Holiday claimed to have no money for undertaking maintenance to the property, leaving the tenants with a very temperamental boiler that banged and often left the occupiers with no heating or hot water, as well as a condemned cooker for several years. However, an HSE investigation found that Ms Holliday was receiving full rent from the tenant for the property on First Avenue in Eastchurch, when the enforcement action was taken. Despite the Improvement Notice served on Ms Holliday to undertake gas safety checks, she ignored this and further requests from [HSE](https://www.hse.gov.uk/index.htm "HSE"). She also claimed the tenants had moved out and had not been paying rent, the investigation found this claim to be completely untrue. ![gas safety duties](https://ashbrookeconsultants.co.uk/wp-content/uploads/2024/09/light-cooking-natural-kitchen-flame-fire-1263302-pxhere.com_-1024x683.jpg)On the 2nd September 2024 at Sevenoaks Magistrates Court, Dawn Holliday, of Golden Leas Holiday Park, Plough Road, Minster on Sea, pleaded guilty to three charges under [Health and Safety at Work etc Act 1974](https://www.legislation.gov.uk/ukpga/1974/37/contents) Section 21 and [Gas Safety (Installation & Use) 1998](https://www.legislation.gov.uk/uksi/1998/2451/contents/made) 36(2) and 36(3) and was sentenced to imprisonment of 26 weeks, suspended for a period of 12 months, District Judge Leake also imposed an electronically monitored curfew on Ms Holliday at her address for a period of 4 months with the curfew hours of 20:00-06:00 and awarded HSE £750 in costs. Additionally, the Judge made a remediation order pursuant to section 42 of the 1974 Act, for Ms Holliday to undertake the gas safety inspection required of her by the 6th December 2024 thereby complying with her gas safety duties. Speaking after the hearing, HSE Inspector Joanne Williams said: > > “We are dedicated to ensuring that [landlords](https://ashbrookeconsultants.co.uk/health-and-safety/new-electrical-safety-duties-for-landlords/) operate within the law and provide safe accommodation for tenants. We do not tolerate disregard for [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/radiation-breach-prosecution/) and consider the non-compliance of HSE enforcement notices as a serious offence. In this case Ms Holliday chose to flagrantly ignore the support, guidance and warnings from HSE to assist her in compliance with the law and continued placing her tenants at serious risk of injury or even death. Wherever possible we will continue to work with landlords to improve [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/transport-safety-failures/). However, we will not hesitate to take enforcement action where necessary and prosecute individuals who ignore warnings and the law.” The Gas Safety (Installation and Use) Regulations 1998 imposes gas safety duties on dutyholders to ensure that gas installations and appliances are installed safely and are maintained and inspected. Dutyholders can include employers as well as landlords or others in control of premises. If you require health and safety advice for your business, [please contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Health and Safety, Prosecutions **Tags:** Health and Safety, prosecutions, safety --- ### [Prosecutions for angling offences](https://ashbrookeconsultants.co.uk/agriculture/angling-offences-prosecutions/) **Published:** August 1, 2022 **Author:** Administrator **Content:** The Environment Agency has prosecuted two men for angling offences. Wayne Knight of Cosby, Leicester, was fined £220, ordered to pay costs of £135 plus a victim’s surcharge of £34. Knight admitted fishing without a licence at Mill on the Soar, Sutton Elms, on 1 February 2022. Lester McManus of Leicester, was fined £40, ordered to pay costs of £135 plus a victim’s surcharge of £34. McManus admitted fishing for freshwater fish during the close season at Aylestone on the River Soar on 24 March 2022. ![Angling offences](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/pexels-lumn-294674-1024x684.jpg)Environment Agency prosecutions for angling offences (stock image)A spokesperson for the [Environment Agency](https://ashbrookeconsultants.co.uk/environment/serious-waste-offences/) said: *“These cases show we pursue offenders through the courts and won’t hesitate to take enforcement action where anglers break rules.”* Anyone found fishing illegally may face prosecution and a fine of up to £2,500. Any angler aged 13 or over, fishing on a river, canal or still water needs a licence. The money raised through the sales of rod licences is re-invested back into the sport and illegal fishing undermines the [Environment Agency’s](https://ashbrookeconsultants.co.uk/environment/waste-exports-prosecution/) efforts to make fishing sustainable. A 1-day licence costs from just £6 and an annual licence costs from just £30 (concessions available). Junior licences are free for 13 – 16-year-olds. Licences are [available online](https://www.gov.uk/fishing-licences/buy-a-fishing-licence) or by calling the [Environment Agency](https://www.gov.uk/government/organisations/environment-agency) on 0344 800 5386 between 8am and 6pm, Monday to Friday. The [Environment Agency carries out enforcement](https://ashbrookeconsultants.co.uk/environment/pollution-enforcement-undertaking/) work all year round and is supported by partners including the police and the Angling Trust. Fisheries enforcement work is intelligence-led, targeting known hot-spots and where illegal fishing is reported. If you require advice on environmental issues, please [contact one of the Ashbrooke team.](https://ashbrookeconsultants.co.uk/contact-us/) **Categories:** Agriculture, Environment, Prosecutions **Tags:** angling, Environment Agency, fish, fishing, prosecution, river --- ### [Employee died loading lorry at landscape company](https://ashbrookeconsultants.co.uk/health-and-safety/employee-died-while-loading-lorry/) **Published:** April 18, 2023 **Author:** Administrator **Excerpt:** An employee died while loading a lorry at a landscaping company which resulted in the company being fined following a prosecution brought by the Health and Safety Executive.  An East Yorkshire garden landscaping supply company has been fined £600,000 after an employee died while loading a lorry. **Content:** An employee died loading a lorry at a landscaping company which resulted in the company being fined following a prosecution brought by the [Health and Safety Executive](https://www.hse.gov.uk/index.htm). An East Yorkshire garden landscaping supply company has been fined £600,000 after an employee died while loading a lorry. Brian White, 59, was working for Kelkay Limited when he was operating a forklift truck at the company’s site on Heck and Pollington Lane, Pollington, East Yorkshire, on 15 June 2018. Brian was fatally injured when the lorry he was loading was moved by the driver, pulling the forklift truck over and trapping him underneath. An investigation by the [Health and Safety](https://ashbrookeconsultants.co.uk/health-and-safety/engineer-tragically-died-working-near-river/) Executive (HSE) found Kelkay Limited’s risk assessment failed to take into account the possibility of lorries moving while they are being loaded. HSE also found that the systems of work provided for ensuring that vehicles were not moved during loading activities were inadequate. Kelkay Limited, of Heck and Pollington Lane, Pollington, East Yorkshire, pleaded guilty to breaching Section 2(1) of the [Health and Safety at Work etc. Act 1974](https://www.legislation.gov.uk/ukpga/1974/37/contents). The company was fined £600,000 and ordered to pay £20,848.71 in costs at Grimsby Magistrates’ Court on 30 March 2023. [HSE inspector](https://ashbrookeconsultants.co.uk/health-and-safety/hse-inspectors-refused-entry/) John Boyle commented: “This incident could have been avoided by implementing the correct control measures and safe working practices.” “Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.” ![Employee Died Loading Lorry](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/07/work-tractor-asphalt-transport-construction-vehicle-605769-pxhere.com_-1024x683.jpg)## Loading Guidance Loading and unloading can be dangerous. Machinery can seriously hurt people. Heavy loads, moving or overturning vehicles and [working at height](https://ashbrookeconsultants.co.uk/health-and-safety/ultimate-safety-guide-to-working-at-height/) can all lead to injuries or death. Loading and unloading areas should be: - Clear of other traffic, pedestrians and people not involved in loading or unloading. - Clear of overhead electric cables so there is no chance touching them, or of electricity jumping to ‘earth’ through machinery, loads or people. - Level. To maintain stability, trailers should be parked on firm level ground, - Loads should be spread as evenly as possible, during both loading and unloading. Uneven loads can make the vehicle or trailer unstable. - Loads should be secured or arranged so that they do not slide around. Racking may help stability. - Safety equipment must be considered. Mechanical equipment and heavy moving loads are dangerous. Guards or skirting plates may be necessary if there is a risk of anything being caught in machinery (for example dock levellers or vehicle tail lifts). There may be other mechanical dangers and safety procedures to be considered. - Ensure the vehicle or trailer has its brakes applied and all stabilisers are used. The vehicle should be as stable as possible. - In some workplaces it may be possible to install a harness system to protect people [working at height](https://ashbrookeconsultants.co.uk/health-and-safety/work-at-height/). Provide a safe place where drivers can wait if they are not involved. Drivers should not remain in their cabs if this can be avoided. No-one should be in the loading/unloading area if they are not needed. - Vehicles must never be overloaded. Overloaded vehicles can become unstable, difficult to steer or be less able to brake. - Always check the floor or deck of the loading area before loading to make sure it is safe. Look out for debris, broken boarding, etc. - Loading should allow for safe unloading. - Loads must be suitably packaged. When pallets are used, the driver needs to check that they are in good condition and loads are properly secured to them. Employers must ensure that loads are safe on the vehicle. They may need to be securely attached to make sure they cannot fall off. - Tailgates and sideboards must be closed when possible. If over-hang cannot be avoided, it must be kept to a minimum. The over-hanging part of the load must be clearly marked. - If more than one company is involved, they should agree in advance how loading and unloading will happen. For example, if visiting drivers unload their vehicles themselves, they must receive the necessary instructions, equipment and co-operation for safe unloading. Arrangements will need to be agreed in advance between the haulier and the recipient. - Some goods are difficult to secure during transport. Hauliers and recipients will need to exchange information about loads in advance so that they can agree safe unloading procedures. - Checks must be made before unloading to make sure loads have not shifted during transit and are not likely to move or fall when restraints are removed. There must be safeguards against drivers accidentally driving away too early. This does happen and is extremely dangerous. Measures could include: Traffic lights. - The use of vehicle or trailer restraints. - The person in charge of loading or unloading could keep hold of the vehicle keys or paperwork until it is safe for the vehicle to be moved. - These safeguards would be especially effective where there could be communication problems, for example where foreign drivers are involved. If you require health and safety advice for your business, please [contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Health and Safety, Prosecutions **Tags:** Health and Safety, prosecutions, risk, safety, work equipment --- ### [Managing Home Workers’ Health & Safety: An Employer’s Guide](https://ashbrookeconsultants.co.uk/health-and-safety/managing-home-workers-health-safety/) **Published:** August 25, 2026 **Author:** Administrator **Excerpt:** Wondering about your remote worker health and safety responsibilities? Learn how to manage home risk assessments, stress, and DSE regulations legally. **Content:** **As an employer, you hold the exact same legal health and safety responsibilities for remote staff working at home as you do for on-site office workers.** According to the [Health and Safety Executive (HSE)](https://www.hse.gov.uk/) guidelines, these duties extend to all long-term home workers, hybrid staff splitting time with the office, and temporary home workers managing short-term restrictions. While risks are typically low, proactive management protects your business and your people. ![Female worker at home using laptop](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/08/pexels-tranmautritam-68761-1024x683.jpg)Are your employees safe working at home?## Identifying Key Areas of Remote Work Risk What are the primary hazards when staff work from home? While remote environments are generally low risk, the HSE outlines three specific categories employers must address: - **Mental well being:** Stress, isolation, and poor mental health. - **Ergonomics:** Improper use of display screen equipment (DSE). - **Physical Space:** Hazards within the immediate working environment. ## Conducting a Remote Worker Risk Assessment ### Do employers need to visit staff homes? In most cases, employers do not need to physically visit a home to complete a risk assessment, provided they can ensure a healthy setup remotely. However, a physical visit may be required under certain circumstances: - To accommodate a worker with a disability or specific medical requirement. - If the work activity introduces severe hazards, such as specialised machinery, tools, or chemicals. ### Practical steps for remote risk discovery To effectively assess your work-from-home team without entering their properties, utilise these direct strategies: - Distribute digital self-assessment questionnaires and home configuration checklists. - Schedule mandatory phone or video consultations to talk through setups individually. - Outline clear parameters regarding the type of work being performed and the duration of the tasks. *Note: If your risk assessment highlights a need for corrective action or specialised equipment, your workers cannot be financially charged for these.* ### What if a home is unsafe for remote work? If an employer determines that a home is not a suitable work environment and reasonably practicable protective measures cannot be implemented, alternative arrangements must be mutually agreed upon. This includes providing dedicated workspace inside the office or arranging another safe, local work location. ## Managing Employee Stress and Mental Health at Home Remote working can place unique psychological demands on your staff. Deprived of day-to-day social contact, remote employees are highly vulnerable to isolation, which can trigger severe pressure or aggravate pre-existing mental health conditions. ### Practical ways to combat remote isolation Because it is harder to recognise behavioural symptoms of stress without face-to-face interaction, employers should integrate structured checkpoints: - **Open Dialogue:** Talk openly with employees about stress, and actively involve them in building your corporate stress risk assessments. - **Frequent Contact:** Build in regular keep-in-touch meetings via one-to-one phone check-ins and accessible team video calls. - **Occupational Support:** Frequently remind remote staff of available mental health resources, corporate counselling, or employee assistance programs. ### Promoting a Healthy Work-Life Balance Remote staff frequently work longer hours, leading to severe burnout. employers should regularly [audit workloads and training needs](https://ashbrookeconsultants.co.uk/environment/why-you-need-a-waste-audit/) to ensure timelines remain realistic. Actively encourage your remote workforce to take structured screen breaks, use their allocated annual leave, and log off completely without feeling an obligation to monitor emails outside of normal working hours. ## Complying with DSE Regulations at Home Employers must protect remote workers from the physical strains associated with laptops and desktop computers under the Display Screen Equipment (DSE) regulations. ### Streamlining the DSE assessment If the regulations apply to your staff, a dedicated DSE assessment must be executed for both their home setup and office workstation. Employees can complete these as self-assessments once they are given proper training. Your primary objectives are to ensure: - Workers can easily achieve a comfortable, sustainable, and ergonomically sound posture. - All hardware, peripherals, and equipment provided are fully functional and safe. Employees do not necessarily require specialised office-grade furniture if their personal setups are ergonomically sound. However, if an individual’s personal furniture is inadequate, the employer must bridge the gap. Risks must be reduced so far as “reasonably practicable”—meaning you must balance the level of real risk against the cost, time, and trouble of the control measures. ## Ensuring a Safe Physical Working Environment Employers must take reasonable steps to verify that the home working environment itself is physically safe. ### Electrical equipment and cable safety While you are only legally liable for the specific electrical assets your company provides, you must ensure they are operated safely. Instruct workers to perform routine visual checks on sockets, plugs, and leads for signs of damage. Additionally, provide explicit guidance on the fire hazards associated with overloaded extension cables. ### Mitigating slips, trips, and falls Provide your team with practical advice on how to keep their immediate workspace clear of hazards. Remote workspaces should remain clear of floor obstructions, un-mopped spillages, and trailing equipment wires. ### Emergency procedures and lone working Ensure your remote team knows precisely what to do during an emergency. Supply them with a protocol document outlining emergency contact numbers, and maintain an updated emergency contact registry for every remote employee in case they become uncontactable. For staff operating with zero direct supervision, review the specialised lone-working safety tools hosted directly by the [HSE](https://www.hse.gov.uk/index.htm "HSE"). ## How to report a home-based accident under RIDDOR Not every home accident is a workplace incident. An injury or illness is only reportable under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) if it directly stems from: 1. The specific work activity being carried out. 2. The specialised equipment provided by the employer to complete that work. Detailed reference criteria to evaluate home injuries can be found via the official [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/bernard-mathews-worker-paralysed/) portals. --- ## Need Help Implementing This? If you require expert assistance executing compliant risk assessments, DSE audits, or updated remote worker policies for your business, please [reach out to the Ashbrooke advisory team today](https://ashbrookeconsultants.co.uk/contact-us/). **Categories:** Health and Safety **Tags:** Health and Safety, risk, work equipment --- ### [National Food Strategy Published](https://ashbrookeconsultants.co.uk/agriculture/national-food-strategy-published/) **Published:** August 14, 2020 **Author:** Mark **Content:** The first major review of the UK food system in 75 years has been undertaken with [Part 1](https://www.nationalfoodstrategy.org/wp-content/uploads/2020/07/NFS-Part-One-SP-CP.pdf) of the National Food Strategy published on 29 July 2020. The review was headed by Henry Dimbleby who co-founded the [Leon restaurant chain](https://leon.co/), before going on to become Director of [London Union](https://www.streetfeast.com/london-union), which runs some of London’s most successful street food markets. He was a co-founder of the [Sustainable Restaurant Association](https://thesra.org/) and co-authored [The School Food Plan (2013)](http://www.schoolfoodplan.com/), which set out actions to transform what children eat in schools and how they learn about food. Henry Dimbleby was appointed lead non-executive board member of the [Department for Environment, Food and Rural Affairs](https://www.gov.uk/government/organisations/department-for-environment-food-rural-affairs) in March 2018. Henry previously worked as a Strategy Consultant at Bain & Company (1995-2002) where he advised businesses on strategy, performance improvement and organisational design. The advisory panel assisting the review includes representatives from agriculture, industry, NGOs and campaigners as well as academics and experts. Part 2 of the National Food Strategy is expected to be published in 2021 and will present a comprehensive plan for transforming the food system in England. It is worth noting that the Government has committed to producing a White Paper six months after Part 2 is published. ## The National Food Strategy Recommendations Part 1 of the National Food Strategy contains urgent recommendations to support this country through the turbulence caused by the COVID-19 pandemic, and to prepare for the end of the EU exit transition period on 31 December 2020. The report has two main themes: - ensuring that all children get the nutrition they need in the context of post-lockdown recession; and - protecting high standards in food, environmental and animal welfare when negotiating new trade deals, whilst subjecting prospective deals to independent scrutiny. ### Disadvantaged Children The National Food Strategy report states that one of the miserable legacies of COVID-19 is likely to be a dramatic increase in unemployment and poverty, and therefore hunger. The effects of hunger on young bodies (and minds) are serious and long-lasting and exacerbate social inequalities. To address this the report recommends: - Expand eligibility for the Free School Meal scheme to include every child (up to the age of 16) from a household where the parent or guardian is in receipt of Universal Credit (or equivalent benefits). - Extend the Holiday Activity and Food Programme to all areas in England, so that summer holiday support is available to all children in receipt of Free School Meals. - Increase the value of Healthy Start vouchers to £4.25 per week and expand the scheme to every pregnant woman and to all households with children under 4 where a parent or guardian is in receipt of Universal Credit or equivalent benefits. - Extend the work of the Food to the Vulnerable Ministerial Task Force for a further 12 months up until July 2021. It should collect, assess and monitor data on the number of people suffering from food insecurity at any time, and agree cross-departmental actions, where necessary, to support those who cannot access or afford food. ![National Food Strategy Published](http://www.ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/katarzyna-grabowska-GZ0TGTwiCiQ-cropped-1024x1024.jpg)### Sovereignty, Standards and Scrutiny The report acknowledges that UK farmers and food producers have some of the highest environmental and animal welfare standards in the world. This is something to be proud of. There is justifiable concern about opening up our markets to cheaper, low-standard imports which would undercut our own producers and make a nonsense of our progressive farming policies. ![National Food Strategy Published](https://ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/katarzyna-grabowska-GZ0TGTwiCiQ-cropped-1024x1024.jpg)However, negotiating trade deals is hard. Any blanket [legislation requiring](https://ashbrookeconsultants.co.uk/governance/why-your-company-needs-a-legislation-register/) other countries to meet our own food guidelines would make it nigh-on impossible. We already import many food products from the EU that do not meet UK standards. A blanket ban would make it impossible to continue trading even with this most closely aligned of partners. Therefore, in respect of future trade deals the report recommends: - The Government should only agree to cut tariffs in new trade deals on products which meet our core standards. Verification programmes –along the lines of those currently operated by the US Department of Agriculture to enable American farmers to sell non-hormone-treated beef to the EU – should be established, so that producers wishing to sell into the UK market can, and must, prove they meet these minimum standards. At a minimum, these certification schemes should cover animal welfare concerns and environmental and climate concerns where the impact of particular goods are severe (for example, beef reared on land recently cleared of rainforest). The core standards should be defined by the newly formed Trade and Agriculture Commission. - The Government should adopt a statutory responsibility to commission and publish an independent report on any proposed trade agreements. The Government should decide whether this impact assessment function requires the establishment of a new body – similar to those which exist in many mature trading nations, including Australia, Canada and the USA – or whether it could be performed by an existing body or by independent consultants (as is the case in the EU). Scrutinised decisions are likely to be better decisions. The scope of the impact report should include: - economic productivity; - [food safety](https://ashbrookeconsultants.co.uk/food-safety/peanut-allergy-breach/) and public health; - the environment and climate change; - society and labour; - human rights; and - animal welfare. The report would be presented alongside a government response when any final trade treaty is laid before parliament. It is important that government decisions – especially those with such profound consequences as new trade deals – should be properly scrutinised. - The Government should adopt a statutory duty to give Parliament the time and opportunity to properly scrutinise any new trade deal. It must allow time for relevant select committees to produce reports on any final deal and allow a debate in the House of Commons. It is anticipated that Part 2 of the Strategy will introduce a framework to address the integrated food system and develop the headline recommendations made in Part 1. With Part 1 of the National Food [Strategy published](https://ashbrookeconsultants.co.uk/environment/new-environmental-strategy-published/), the food and drink sector will be able to start future planning for the introduction of the framework which should protect food safety standards whilst opening the UK market and foreign markets for trade. If you require further advice and support for your business [contact one of our Team.](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us") **Categories:** Agriculture, Education, Environment, Food Safety **Tags:** agriculture, EU, Food and Drink, Food safety, Schools, Trade --- ### [Dyson fined after worker injured](https://ashbrookeconsultants.co.uk/health-and-safety/dyson-fined-after-worker-injured/) **Published:** August 19, 2022 **Author:** Administrator **Content:** Technology firm Dyson fined after worker injured by a machine sustained head and chest injuries when he was struck by a 1.5 tonne milling machine. The worker, at Dyson’s Wiltshire factory, was hit while moving the machine, which fell on top of him. He only escaped being crushed under the weight of the machine because it landed on two toolboxes and the handle of another machine. The incident happened on August 27, 2019. An investigation by the [Health and Safety Executive](https://www.hse.gov.uk/) (HSE) found Dyson Technology Limited failed to provide suitable and sufficient information, instruction, and training to those undertaking the task. They also failed to adequately assess the task and devise a safe system of work to ensure the machine was moved safely. ![Dyson fined](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/Dyson-11-3-530x398HSE.jpg)Milling machine accident (coutesy of HSE)The investigation found that two employees were moving a large CNC milling machine within the engineering department of Dyson’s site at Tetbury Hill, Malmesbury. The employees lifted the machine using a five-tonne jack and were in the process of replacing two fixed roller skates with several wooden blocks when it fell. One of the employees was struck by the machine and sustained a wound to his head and injuries to his chest. At Swindon Magistrates’ Court Dyson Technology Limited of Tetbury Hill, Malmesbury, Wiltshire pleaded guilty to breaching Section 2(1) of the [Health & Safety at Work etc Act 1974](https://www.legislation.gov.uk/ukpga/1974/37/contents). The company was fined £1.2m and ordered to pay costs of £11,511. > “This [incident could have been fatal](https://ashbrookeconsultants.co.uk/health-and-safety/fatal-incident-investigation/). Those in control of work have a duty to assess the risks, devise safe methods of working and to provide the necessary information, instruction, and training to their workforce. > > “Had a suitable safe system of work been in place this incident and the related injuries could have been prevented.” > > HSE inspector James Hole The [Management of Health and Safety at Work Regulations](https://www.legislation.gov.uk/uksi/1999/3242/contents/made) 1999 (MHSWR) require employers to put in place arrangements to control health and safety risks. As a minimum, employers must have the processes and procedures required to meet the legal requirements, including: - a written [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/nestle-newcastle-factory-fine/) policy (if they employ five or more people) - assessments of the risks to employees, contractors, customers, partners, and any other people who could be affected by work activities – and record the significant findings in writing (if they employ five or more people). Any risk assessment must be ‘suitable and sufficient’ - arrangements for the effective planning, organisation, control, monitoring and review of the preventive and protective measures that come from risk assessment - access to competent [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/vehicle-injured-guard/) advice either internally or externally e.g. a consultant - providing employees with information about the risks in their workplace and how they are protected - instruction and training for employees in how to deal with the risks - ensuring there is adequate and appropriate supervision in place - consulting with employees about their risks at work and current preventive and protective measures If you require health and safety advice or support for your business, [please contact one of the Ashbrook team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Health and Safety, Prosecutions **Tags:** Health and Safety, LOLER, MHSWR, prosecutions, PUWER, risk, safety --- ### [Corporate Manslaughter Prosecution](https://ashbrookeconsultants.co.uk/health-and-safety/corporate-manslaughter-prosecution/) **Published:** March 1, 2023 **Author:** Administrator **Excerpt:** A corporate manslaughter prosecution by Dorset Police has resulted in convictions for a waste management company and its director. **Content:** A corporate manslaughter prosecution by [Dorset Police](https://www.dorset.police.uk/) has resulted in convictions for a waste management company and its director. A waste and recycling company has been sentenced for corporate manslaughter and other health and safety offences following the death of a man at a site in Poole. A company director has also been sentenced in connection with the incident. Detectives from Dorset Police have been working with the [Health and Safety Executive](https://www.hse.gov.uk/) (HSE) to conduct investigations into two incidents that occurred at the [FDS Waste Services](https://fdswaste.co.uk/) in Mannings Heath Road. The first incident occurred on Thursday 13 December 2018 when an employee at the site was injured following a collision with a vehicle and very sadly died as a result of the injuries he sustained. The man was sorting recycling materials by hand in the yard when he was struck and killed by a reversing wheeled loader vehicle, which was being used to sort materials. A further incident occurred on Monday 1 June 2020, in which an employee sustained injuries after becoming trapped in a large mechanical conveyor after he had climbed in to remove a blockage. The man sustained broken ribs and other injuries. The joint investigation focused on allegations that the company had failed to put in place sufficient working practices to safeguard its employees, including failing to ensure employees were segregated from moving vehicles during waste sorting. It was also found that the [company failed to provide its employees](https://ashbrookeconsultants.co.uk/health-and-safety/employee-died-while-loading-lorry/) with adequate training, monitoring and supervision to prevent vehicle collisions in the yard. A separate investigation by the [HSE](https://www.hse.gov.uk/index.htm "HSE") found that FDS Waste Services failed to ensure that the workforce was provided with the padlocks required for locking the power source of the machinery in the ‘off’ position and did not offer adequate training for dealing with blockages and other maintenance tasks, which required access behind the machinery guards. Detectives from Dorset Police’s Major Crime Investigation Team (MCIT) worked jointly with the HSE to conduct detailed enquiries into the operations at the facility and liaised with a number of experts to compile evidence. Following engagement with specialists at the Crown Prosecution Service, charges were approved and the matter was brought before the court. Following a four-week trial at Winchester Crown Court the [company was found guilty of a charge of corporate](https://ashbrookeconsultants.co.uk/compliance/investing-in-corporate-governance-adds-value-to-the-bottom-line-and-improves-resilience-in-uncertain-times/) manslaughter. It was also convicted for two offences of failing to discharge its duty under the [Health and Safety at Work Act 1974](https://www.legislation.gov.uk/ukpga/1974/37/contents). At a sentencing hearing on Wednesday 22 February 2023, the company was ordered to pay fines totalling £640,000, as well as costs of £60,000. Also, the company director, Philip Pidgley, was also convicted of an offence of failing to discharge his duty under the [Health and Safety](https://ashbrookeconsultants.co.uk/governance/the-evolution-and-importance-of-corporate-governance-in-the-uk/) at Work Act 1974. He was sentenced to six months in prison, suspended for 12 months. > “Our thoughts remain with the family and loved ones of Mr Mohamed, who sadly died as a result of the incident on Thursday 13 December 2018. > > “Nothing will ever make up for their loss, but we owe it to them to ensure those who put him and other employees at risk by failing to instil safe working practices are held to account. > > “We have carried out a detailed investigation in conjunction with the HSE and other experts in order to demonstrate how the company fell below the standards required of them.” > > Detective Superintendent Rich Dixey, of Dorset Police After the prosecution, [HSE inspector](https://ashbrookeconsultants.co.uk/health-and-safety/hse-inspectors-refused-entry/) Berenice Ray said: > “Both of these incidents, including the tragic death of Mr Mohamed, could have been avoided had well-established measures been taken to ensure [workers’ health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/managing-home-workers-health-safety/). > > “Those in control of work must ensure that their workplace is organised in such a way that pedestrians and vehicles can circulate in a safe manner. > > “They must also ensure that the power source of relevant machinery is isolated and physically ‘locked off’ whenever the guards are removed or access within the machinery is necessary. > > “Those in control of work have a duty to assess the risks; devise safe methods of working and provide the necessary information, instruction and training to their workforce. > > “They must also adequately supervise work activities to check the effectiveness of the training provided and ensure safe systems of work are followed. > > “There is clear, freely available guidance on how to manage these risks available on HSE’s website.” ## Guidance Employers who operate waste management sites must ensure that a suitable and sufficient risk assessment is undertaken covering the plant movement risks. When considering the risks from vehicle manoeuvring, employers must ensure that vehicles have large enough windscreens (with wipers where necessary) and external mirrors to provide an all-round field of vision. It is often worthwhile adding extra mirrors to reduce blind spots for drivers. Side mirrors can allow drivers of larger vehicles to see cyclists and pedestrians alongside their vehicles and can be effective in improving visibility around the vehicle from the driving position. These mirrors are fitted to larger road-going vehicles as standard. Drivers should not place items in the windscreen area or in the way of mirrors or monitors, where they might impede visibility from the driving position. The area of the windscreen that is kept clear by the wipers should not be obscured, and nor should the side windows. Windows and mirrors will also normally need to be kept clean and in good repair. Dirt or cracks can make windows or mirrors less effective. Some types of vehicles (such as straddle carriers, large shovel loaders and some large quarry vehicles) often have poor visibility from the cab. Visibility can be poor to the side or front of a vehicle as well as behind and loads on vehicles can severely limit the visibility from the driving position. Lift trucks and compact dumper vehicles in particular can have difficulty with forward visibility when they are transporting bulky loads. Employers should recognise these risks in their risk assessment and think about ways to minimise them. Closed-circuit television (CCTV) may help drivers to see clearly behind or around the vehicle. CCTV can cover most blind spots and the cost of fitting CCTV systems has fallen since the technology was first developed. Companies who have fitted CCTV have found that it can reduce the number of reversing accidents, so the systems usually pay for themselves in a few years. Colour systems can provide a clearer image where there is little contrast (for example, outside on an overcast day). However, black-and-white systems normally provide a better image in lower light or darkness, and usually come with infra-red, which can be more effective than standard cameras at night. Monitors should have adjustable contrast, brightness and resolution controls to make them useful in the different light conditions in which they will be used. Drivers may need to use a hood to shield any monitor from glare. If possible, fit the camera for a CCTV system high up in the middle of the vehicle’s rear (one camera), or in the upper corners (two cameras). This will provide a greater field of vision and a better angle for the driver to judge distance and provide. It also keeps the camera clear of dust and spray, and out of the reach of thieves or vandals. However, CCTV systems do have some limitations which employers should consider: - If the vehicle leaves a darker area to a more strongly lit area (for example, driving out of a building) the system may need time to adjust to the brightness. - A dirty lens will make a camera much less effective. - Drivers may find it difficult to judge heights and distances. Drivers should not be complacent about safety even with CCTV systems installed. They should be trained in proper use of the equipment and employers have a duty to provide such training and instruction. Reversing alarms may be drowned out by other noise or may be so common on a busy site that pedestrians do not take any notice. It can also be hard to know exactly where an alarm is coming from, and people who are less able to hear are also at greater risk. Alarms can also disturb nearby residents. However, reversing alarms may be appropriate (based on the risk assessment) but might be most effectively used with other measures, such as warning lights. Additional advice on transport safety can be found in the HSE [Guide to workplace transport safety (HSG 136, 2014)](https://www.hse.gov.uk/pubns/priced/hsg136.pdf) which is available free on the website. If you require health and safety advice or support for your business, [please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Health and Safety, Prosecutions, Waste **Tags:** Health and Safety, prosecution, prosecutions, safety, work equipment --- ### [River habitat survey manual](https://ashbrookeconsultants.co.uk/environment/river-habitat-survey-manual/) **Published:** August 5, 2022 **Author:** Administrator **Content:** The [Environment Agency](https://www.gov.uk/government/organisations/environment-agency) has re-released its river habitat survey manual originally published in2003 and made it available on their website as a [free download.](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1093961/RHS-manual-2003_2022-reprint-LIT-1758.pdf) River Habitat Survey (RHS) is a method designed to characterise and assess, in broad terms, the physical structure of freshwater streams and rivers. The field survey element does not require specialist geomorphological or botanical expertise, but recognition of vegetation types and an understanding of basic geomorphological principles and processes are needed. RHS is carried out along a standard 500m length of river channel. Observations are made at ten equally spaced spot-checks along the channel, whilst information on valley form and land-use in the river corridor provides additional context. The underlying need for any observational method such as RHS is confidence in the survey data. This means consistent recording of features by competent, well-trained, and accredited surveyors as well as checks on subsequent data-entry onto the computer database. ![river habitat survey](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/07/Lone-Working-Sampling.jpg)River habitat surveyThe field survey has been designed, tested and improved as a result of extensive use on rivers in the UK since 1994. The 2003 version represents the first major overhaul of the form design, revision of some component elements, and updating of the guidance manual, since 1997. The major differences between the 1997 and 2003 versions are summarised in Appendix 7 of the guidance. Surveyor accreditation is needed for data to be entered onto the RHS database. This means surveyors attending a training course using the 2003 version, and passing an accreditation test. RHS has also been tested in other European countries such as Finland, France, Austria, Portugal (Madeira), Italy and Slovenia with a view to adapting the survey for local conditions. Cross-comparison between RHS and other methods for surveying river hydromorphology in Europe has also been carried out,4 with a view to producing standard guidance on techniques for assessing the physical characteristics of watercourses. RHS also helps to provide information on river structure, vegetation character and land use required for SERCON (System for Evaluating Rivers for Conservation), an assessment system that has scoring systems for several attributes in relation to determining the nature conservation value of rivers. Guidance is provided on the fieldwork survey element of the core RHS method only. It does not cover map-based information gathering or additional modules such as the one being developed for gathering specialist geomorphological information. It is imperative that all surveys are conducted in conditions which are safe for surveyors. A [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/engineer-tragically-died-working-near-river/) assessment is an integral part of the survey and the form must be completed before embarking on the survey, and attached with the completed survey forms. An online copy of the manual can be found [here](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1093961/RHS-manual-2003_2022-reprint-LIT-1758.pdf). If you require environmental advice please [contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Environment **Tags:** environment, Environment Agency, river, water quality --- ### [Engineer tragically died working near river](https://ashbrookeconsultants.co.uk/health-and-safety/engineer-tragically-died-working-near-river/) **Published:** June 29, 2024 **Author:** Administrator **Excerpt:** An investigation by the HSE and North Wales Police, found that a number of Openreach engineers had been attempting to repair the telephone lines, which ran across the river, over a period of two months. They had been working both near and in the river.  At the time of the incident, there had been flooding in the area which meant the river was much higher and faster flowing than usual. **Content:** [Openreach Limited](https://www.openreach.com/) has been fined £1.34 million in a prosecution brought by the [Health and Safety Executive (HSE)](https://www.hse.gov.uk/) after an engineer tragically died working near river whilst trying to repair a telephone line. Alun Owen, from Bethesda, died after he slipped and fell into the River Aber in Abergwyngregyn and was swept away on 6 October 2020. The 32-year-old has been described by his family as a ‘loving and selfless character’. An investigation by the HSE and [North Wales Police](https://www.northwales.police.uk/), found that a number of Openreach engineers had been attempting to repair the telephone lines, which ran across the river, over a period of two months. They had been working both near and in the river. At the time of the incident, there had been flooding in the area which meant the river was much higher and faster flowing than usual. Mr Owen entered the water and made his way to an island in the middle of the river in order to try and throw a new telephone cable across to the other side by taping it to a hammer and then throwing the hammer. Whilst attempting to cross the remaining section of the river, he slipped in a deeper part and the force of the river swept him away. The investigation found that there was no [safe system of work](https://ashbrookeconsultants.co.uk/compliance/safe-systems-of-work/) in place for work on or near water, nor had Mr Owen – and others working by the river – received training, information or instruction on safe working on or near water. Openreach Limited pleaded guilty to breaching Section 2 (1) of the [Health and Safety at work etc. Act 1974](https://www.legislation.gov.uk/ukpga/1974/37/contents). The company was fined £1.34 million and ordered to pay costs of £15,858.35 at Llandudno Magistrates’ Court on 5 June 2024. > “This was a tragic incident that resulted in the death of a much loved young man. Mr Owen’s family, friends and colleagues have always remained in our thoughts. His death would have been preventable had an effective system for working on or near water been in place. Mr Owen should not have been put in the [unsafe working](https://ashbrookeconsultants.co.uk/health-and-safety/building-contractor-sentenced-over-unsafe-work/) situation. Companies should learn the lessons from this incident if they have staff who may work on or near water and be aware that [HSE](https://www.hse.gov.uk/index.htm "HSE") will not hesitate to take appropriate enforcement action against those that fall below the required standards.” > > [HSE inspector](https://ashbrookeconsultants.co.uk/health-and-safety/hse-inspectors-refused-entry/) Christina Roberts ![Engineer tragically died working near river](https://ashbrookeconsultants.co.uk/wp-content/uploads/2024/06/River-in-flood.jpg)North Wales Police Detective Chief Inspector Andy Gibson said: “Our thoughts remain with Alun’s family at this difficult time. North Wales Police worked closely with HSE and whilst it was a protracted and lengthy investigation, it was critical that any failings were identified and acted upon.” Employers are required by law to protect your employees, and others, from harm. Under the [Management of Health and Safety at Work Regulations 1999](https://www.legislation.gov.uk/uksi/1999/3242/contents), the minimum an employer must do is: - identify what could cause injury or illness in your business (hazards) - decide how likely it is that someone could be harmed and how seriously (the risk) - take action to eliminate the hazard, or if this isn’t possible, control the risk Assessing risk is just one part of the overall process used to control risks in the workplace. For most small, low-risk businesses the steps that employers need to take are straightforward. Risk management is a step-by-step process for controlling [health and safety](https://ashbrookeconsultants.co.uk/governance/the-evolution-and-importance-of-corporate-governance-in-the-uk/) risks caused by hazards in the workplace. An employer can undertake the risk assessment themselves or appoint a competent person to help. The five steps of a risk assessment are: - Identify hazards - Assess the risks - Control the risks - Record your findings - Review the controls ## Identify Hazards Look around your workplace and think about what may cause harm (these are called hazards). Think about: - how people work and how plant and equipment are used - what chemicals and substances are used - what safe or [unsafe work](https://ashbrookeconsultants.co.uk/health-and-safety/unsafe-working/) practices exist - the general state of your premises Look back at previous accident and ill health records as these can help you identify less obvious hazards. Take account of non-routine operations, such as maintenance, cleaning or changes in production cycles. Think about hazards to health, such as manual handling, use of chemicals and causes of work-related stress. For each hazard, think about how employees, contractors, visitors or members of the public might be harmed. Some workers have particular requirements, for example young workers, migrant workers, new or expectant mothers and people with disabilities. Ensure that you involve your employees as they will usually have good ideas. ## Assess the risks Once you have identified the hazards, decide how likely it is that someone could be harmed and how serious it could be – this is assessing the level of risk. In assessing the level of risk, decide: - Who might be harmed and how - What you’re already doing to control the risks - What further action you need to take to control the risks - Who needs to carry out the action - When the action is needed by ## Control the risks Look at what you are already doing, and the controls you already have in place to ensure the safety of workers and others. Consider: - Can I get rid of the hazard altogether? - If not, how can I control the risks so that harm is unlikely? If you need further controls, consider: - redesigning the job - replacing the materials, machinery or process - organising your work to reduce exposure to the materials, machinery or process - identifying and implementing practical measures needed to work safely - providing personal protective equipment and making sure workers wear it Put the controls you have identified in place. It is important to remember that you are not expected to eliminate all risks but you need to do everything **‘reasonably practicable’** to protect people from harm. This means balancing the level of risk against the measures needed to control the real risk in terms of money, time or trouble. ## Record your findings If you employ 5 or more people, you must record your significant findings, including: - the hazards (things that may cause harm) - who might be harmed and how - what you are doing to control the risks The HSE has a number of [example risk assessments](https://www.hse.gov.uk/simple-health-safety/risk/risk-assessment-template-and-examples.htm) on its website as a guide for employers. Employers should not rely purely on paperwork, as the main priority should be to control the risks in practice. ## Review the controls You must review the controls you have put in place to make sure they are working. You should also review them if: - they may no longer be effective - there are changes in the workplace that could lead to new risks such as changes to: - staff - a process - the substances or equipment used Also consider a review if your workers have spotted any problems or there have been any accidents or near misses. You should then update your risk assessment record with any changes you make. If you require advice on health and safety in your workplace, please [contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/). **Categories:** Health and Safety, Prosecutions **Tags:** Health and Safety, prosecutions, risk, safety --- ### [How Often Should a Legal Register Be Updated?](https://ashbrookeconsultants.co.uk/compliance/how-often-should-a-legal-register-be-updated/) **Published:** September 17, 2026 **Author:** Administrator **Excerpt:** A legal register updated only once a year, on a fixed date, will always be behind — both the law and the business move faster than that. Pair a quarterly (or more frequent) legislative review with a trigger-based process for internal change, and the register stays what it is meant to be: an accurate, defensible record of what applies to you right now. **Content:** How often should a legal register be updated? There is no single answer that fits every organisation, but there is a wrong answer: updating it once a year and hoping nothing important happened in between. A [legal register](https://ashbrookeconsultants.co.uk/environment/what-does-an-iso-14001-legal-register-need-to-contain/) is only useful if it reflects the law as it stands *today*, and the law — along with your business — rarely stands still. The honest answer is that a legal register needs **two update cycles running side by side**: a scheduled review (commonly quarterly) to catch legislative change, and a trigger-based review that fires whenever something changes inside your own organisation. Below is what should prompt each type of update, and why skipping either one leaves gaps. ## Scheduled reviews: keeping pace with legislative change [Health and safety](https://ashbrookeconsultants.co.uk/compliance/the-difference-between-generic-and-bespoke-legal-registers/) and environmental law changes constantly across every jurisdiction — Great Britain, Northern Ireland, the Isle of Man and the Republic of Ireland all move independently, and a register built for one will not automatically cover another. A quarterly review is the practical minimum for most organisations; higher-risk sectors (chemicals, waste, construction, food) often benefit from monthly monitoring. Each cycle should specifically check for: ### New legislation Acts, regulations and statutory instruments do not announce themselves. New legislation should be added to the register as soon as it is in force (or, where lead time allows, flagged ahead of its commencement date so you are not scrambling to comply on day one). ### Amendments to existing legislation Legislation is amended far more often than it is replaced outright — a threshold changed, a definition widened, a deadline moved. If your register only lists the original instrument, it is quietly out of date the moment an amending regulation takes effect, even though the entry still “looks” current. ### Repealed and revoked legislation Just as important as adding new law is removing what no longer applies. A register cluttered with revoked instruments does not just look untidy — it wastes audit time and can mislead someone into thinking a duty still exists when it is been withdrawn. ### New guidance Approved Codes of Practice, [Health and Safety Executive (HSE)](https://www.hse.gov.uk/) and [Environment Agency (EA)](https://www.gov.uk/government/organisations/environment-agency) guidance, and equivalent guidance from Northern Ireland, the Isle of Man and Ireland’s regulators are not always legally binding, but they set the standard regulators and courts expect you to meet. Guidance updates should be tracked alongside the legislation they relate to. ![](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/monsterkoi-book-2803664_1920-1024x649.jpg)Is your legal register regularly reviewed or just left on a shelf?## Trigger-based reviews: keeping pace with your own business Legislative monitoring only tells half the story. The other half is recognising when something *inside* your organisation changes the law you are subject to. These triggers should prompt an immediate register review, not wait for the next scheduled cycle: - **Changes in business activities** — a new process, service line, or way of working can bring entirely new legal duties into scope. - **New premises** — different buildings mean different building regulations, fire [safety duties](https://ashbrookeconsultants.co.uk/health-and-safety/landlord-ignored-gas-safety-duties/), planning conditions and local authority requirements. - **New equipment** — new plant or machinery can trigger PUWER, LOLER, pressure systems, or work equipment regulations that weren’t previously relevant. - **New chemicals or substances** — introducing a new substance can pull in COSHH, REACH, CLP, or storage and transport requirements, and may affect permit conditions. - **Changes to environmental permits** — a varied permit, a new abstraction or discharge consent, or a change in waste classification all need reflecting in the register the moment they’re granted or amended. - **Changes to applicable jurisdictions** — opening a site, taking on contracts, or employing staff in a new jurisdiction (say, expanding from Great Britain into Northern Ireland or the Republic of Ireland) means an entirely separate body of law applies, not a variation on the one you already have. ## Building both cycles into one process The most effective legal registers treat these two review types as complementary, not alternatives: 1. **Set a fixed schedule** (quarterly is a sensible default) for legislative monitoring across every jurisdiction you operate in. 2. **Build a trigger checklist** into change-management processes — procurement, facilities, HR and operations should all know to flag the business changes listed above. 3. **Assign ownership** so it is clear whose job it is to action each type of update, not just who compiles the register. 4. **Keep an audit trail** of when the register was reviewed and what changed, which matters as much to auditors and regulators as the register’s content itself. ## The bottom line A legal register updated only once a year, on a fixed date, will always be behind — both the law and the business move faster than that. [Pair a quarterly (or more frequent) legislative review](https://ashbrookeconsultants.co.uk/bespoke-legal-registers/) with a trigger-based process for internal change, and the register stays what it is meant to be: an accurate, defensible record of what applies to you right now. *Keeping a legal register current across multiple jurisdictions is exactly what our quarterly legislation updates are designed to support — [get in touch](https://ashbrookeconsultants.co.uk/contact-us/) to find out how we can help.* **Categories:** Compliance, Management systems **Tags:** environment, governance, Health and Safety, risk --- ### [Why you need a waste audit](https://ashbrookeconsultants.co.uk/environment/why-you-need-a-waste-audit/) **Published:** August 10, 2024 **Author:** Administrator **Excerpt:** In this article we look at why you need a waste audit and the benefits from it. In the United Kingdom, businesses and organisations are increasingly recognising the critical role that waste audits play in their sustainability efforts. A waste audit is a detailed analysis of an entity's waste stream, identifying what types of waste are being produced, in what quantities, and how they are being managed. **Content:** In this article we look at why you need a waste audit and the benefits from it. In the United Kingdom, businesses and organisations are increasingly recognising the critical role that waste audits play in their sustainability efforts. A waste audit is a detailed analysis of an entity’s waste stream, identifying what types of waste are being produced, in what quantities, and how they are being managed. This process is not only a regulatory requirement but also a step towards environmental responsibility and cost efficiency. It is estimated that the UK generated 40.4 million tonnes of commercial and industrial (C&I) waste in 2020, of which 33.8 million tonnes (84%) was generated in England. The latest estimates for England only, indicate that C&I waste generation was around 33.9 million tonnes in 2021. ![Why you need a waste audit](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/pexels-burst-544965-1024x683.jpg)The UK’s stringent waste management regulations, governed by the [Waste (England and Wales) Regulations 2011](https://www.legislation.gov.uk/uksi/2011/988/contents/made), mandate businesses to classify, segregate, and store waste appropriately. Waste audits provide tangible evidence of compliance with these legal requirements, helping businesses avoid potential fines and legal issues. Moreover, they ensure that [Environmental Management System (EMS)](https://www.iso.org/obp/ui#iso:std:iso:14001:ed-3:v1:es) certification standards are met, which can be crucial for maintaining corporate reputation and consumer trust. ## Waste audit steps Conducting a waste audit involves several steps, starting with understanding the different types of waste produced by the organisation. It is essential to set a specific time frame for the audit, ideally during a typical operational period to get an accurate representation of the waste generated. The audit can highlight inefficiencies in waste management practices and identify opportunities for reducing waste production, promoting recycling, and improving overall environmental performance. For businesses looking to conduct a waste audit, there are resources available that provide guidance on the process. These include six-step guides that cover everything from understanding your waste to implementing changes that can reduce waste collection and disposal costs while minimising the amount of waste sent to landfills. Companies may also engage specialist consultants to undertake the audit and report on its findings. The benefits of waste audits extend beyond [regulatory compliance](https://ashbrookeconsultants.co.uk/regulatory-compliance-case-study/). They can showcase a company’s eco-friendly credentials, secure new customers, access better loans, win prestigious awards, and even cash in on selected grants. In the UK’s business landscape, being green is no longer just a trend, it is a real competitive advantage! Waste audits are an indispensable tool for businesses aiming to improve their sustainability. They provide a systematic approach to understanding and managing waste, leading to significant environmental and financial benefits. As the country continues to strive for a greener future, waste audits will undoubtedly remain a cornerstone of corporate [environmental strategy](https://ashbrookeconsultants.co.uk/environment/new-environmental-strategy-published/). ## Common Findings in UK Waste Audits: Insights and Implications Waste audits are a critical component of waste management strategies across the UK, providing valuable insights into the types and quantities of waste produced by businesses and organisations. These audits often reveal common trends and issues that, when addressed, can lead to significant improvements in waste management practices. One of the most frequent findings in [waste audits is the high volume of recyclable](https://ashbrookeconsultants.co.uk/waste/does-my-business-need-to-comply-with-the-waste-regulations/) materials that are incorrectly disposed of as general waste. This not only includes common items like paper, cardboard, and plastics but also electronic waste and certain types of glass. The mismanagement of these recyclable materials not only impacts the [environment](https://ashbrookeconsultants.co.uk/waste/what-uk-waste-laws-apply-to-small-businesses/) but also represents a lost opportunity for businesses to reduce waste disposal costs. More importantly, it may also be illegal and put the company at risk of prosecution by enforcement authorities such as the [Environment Agency.](https://www.gov.uk/government/organisations/environment-agency) Another common observation is the lack of proper segregation at the source. Many businesses fail to implement effective waste separation practices, leading to contamination of recycling streams and increased processing costs. Education and training for staff on how to correctly segregate waste can mitigate this issue and enhance the efficiency of recycling programs. Food waste is another significant component of the waste stream, often due to over-purchasing, improper storage, and lack of composting options. This not only contributes to the environmental problem of methane emissions from landfills but also represents a substantial financial loss for businesses. In addition to these, waste audits frequently identify the presence of hazardous waste in general waste bins. This includes items like batteries, chemicals, and medical waste, which require special handling and disposal methods to prevent harm to the environment and human health. The findings from waste audits can serve as a catalyst for change, prompting businesses to adopt more sustainable waste management practices. By addressing the common issues identified, companies can improve their operational efficiency, comply with regulatory requirements, and contribute to a more sustainable future. For businesses looking to conduct their own waste audits, there are numerous resources and professional services available to guide them through the process. These services can provide tailored advice and solutions to help businesses optimise their waste [management systems](https://ashbrookeconsultants.co.uk/compliance/how-often-should-a-legal-register-be-updated/) and achieve their sustainability goals. Waste audits consistently uncover areas where businesses can improve their waste management practices. By acting on these findings, businesses can not only reduce their environmental impact but also realise financial savings and enhance their reputation as [responsible corporate citizens](https://www.investopedia.com/terms/c/corporatecitizenship.asp). ## Measuring the Impact of Waste Audits in UK Businesses Businesses are increasingly aware of the importance of sustainability and waste reduction. Measuring the impact of these efforts is crucial for understanding their effectiveness and for making informed decisions on future waste management strategies. Here are some key methods that businesses can employ to measure the impact of their waste reduction efforts: ### Waste Audit Analysis Conducting regular waste audits is a foundational step. By analysing the types and quantities of waste produced, businesses can identify key areas for reduction and track progress over time. ### Recycling Rates Monitoring the percentage of waste that is recycled is a straightforward metric. It provides insight into how much waste is being diverted from landfills and can be a strong indicator of the success of recycling programs. ### Employee Engagement Gathering feedback from employees can offer a qualitative measure of the waste reduction culture within a business. Engaged employees are more likely to follow sustainable practices and contribute to waste reduction goals. ### Financial Savings Tracking cost savings from reduced waste disposal fees can quantify the financial impact. Additionally, savings from reusing materials or selling [recyclable waste](https://ashbrookeconsultants.co.uk/environment/environment-agency-to-prioritise-permits/) can be factored into this metric. ### Environmental Impact Calculating the reduction in carbon footprint or other environmental metrics can demonstrate the broader impact of waste reduction efforts. This can include measurements like greenhouse gas emissions avoided by recycling and reusing materials. ### Sustainability Reporting Creating detailed sustainability reports that include waste reduction metrics can help businesses communicate their progress to stakeholders and customers, enhancing their reputation and potentially leading to increased business opportunities. ### Waste Audit Benchmarking Comparing waste reduction metrics against industry benchmarks or past performance can provide context for the impact of a business’s efforts. This can help set realistic goals and drive continuous improvement. ### Certifications and Awards Achieving certifications or awards for environmental performance can serve as a measure of a business’s commitment to waste reduction and sustainability. These recognitions often have criteria based on measurable waste reduction achievements. ## Waste audit conclusions The benefits of waste audits extend beyond regulatory compliance. They can showcase a company’s eco-friendly credentials, secure new customers, access better loans, win prestigious awards, and even cash in on selected grants. By employing these methods, businesses can effectively measure the impact of their waste reduction efforts, demonstrating their commitment to sustainability and reaping the associated benefits. For more detailed guidance on implementing these measures, businesses can [contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Environment, Governance, Waste **Tags:** environment, Environment Agency, governance, prosecutions, risk --- ### [Large scale illegal waste crime in Staffordshire](https://ashbrookeconsultants.co.uk/agriculture/large-scale-illegal-waste-crime-in-staffordshire/) **Published:** June 30, 2024 **Author:** Administrator **Excerpt:** Multiple people involved in large scale illegal waste crime in Staffordshire are facing prison following a successful prosecution by the Environment Agency. **Content:** Multiple people involved in large scale illegal waste crime in Staffordshire are facing prison following a successful prosecution by the [Environment Agency](https://www.gov.uk/government/organisations/environment-agency). The sentencing, which led to the conviction of 5 of the defendants, took place on 2 April 2024, at Shrewsbury Crown Court sitting at Telford Magistrates, following an 8-week trial in September and October 2023. The prosecution concerned a large-scale illegal dumping of waste at Bonnie Braes Farm in Staffordshire, with offences taking place between 1 March 2014 and 30 June 2015. At least 100,000 tonnes of waste was brought onto the site during the charge period, when there was no legal right to do so. This activity included a significant amount waste from excavation, alongside other mixed refuse and some asbestos. The volume of waste added to the site meant that the land was raised by 6 – 7 metres in height. Additional concern was created by the crucial gas distribution pipeline which passes underneath Bonnie Braes Farm, one of two that supplies Stoke-on-Trent. A fracture of the pipeline would have had devastating consequences, causing disruption to the supply of gas as well as the potential closure of the busy A500 road for a significant period. Mr Recorder Nicholls, found that the offending caused Category 1 harm to the environment due to the eyesore that the deposits caused. In considering the large scale illegal waste crime in Staffordshire, he stated the impact that the weight had on the site, created negative effects not only to the gas pipeline but also to a culvert on the site, which was found to have collapsed, causing significant flooding to the land in heavy rain. The operation of the site also caused significant disruption on lanes that were unsuitable for large vehicles and the tracking of mud from the site across the roads. ![Large scale illegal waste crime in Staffordshire](https://ashbrookeconsultants.co.uk/wp-content/uploads/2024/06/s300_Bonnie_Braes_Farm.png)> We are glad to see the outcome of these prosecutions and will continue to work tirelessly to tackle environmental crime. Illegal waste sites like this, undermine legitimate businesses, undercut their prices, and blight the environment. We would urge everyone to check that a waste site is licenced before using them by checking the public register online at [GOV.UK](https://www.gov.uk/government/organisations/environment-agency). If people suspect criminal activity, they should report it to our 24-hour incident hotline 0800 807060 or anonymously through [CrimeStoppers](https://crimestoppers-uk.org/) on 0800 555111. [Environment Agency](https://ashbrookeconsultants.co.uk/waste/what-uk-waste-laws-apply-to-small-businesses/) Spokesperson ## Large Scale Illegal Waste Crime Sentences Mr Recorder Nicholls imposed the sentences as follows: Raymond Bowden,64 of Liverpool Road, Church Lawton, was sentenced to 30 months immediate custody. He was also disqualified from holding the position of a director for a period of 8 years and 3 months. A Proceeds of Crime Application is outstanding and will be determined at a future date. Joe Frizell, 48 of Crewe Road, Shavington, was sentenced to 2 years immediate custody. He was also disqualified from holding the position of a director for a period of 6 years. A Proceeds of Crime Application is outstanding and will be determined at a future date. James Bowden, 44 of Bignall Hill, Bignall End was sentenced to 15 months imprisonment that was immediately suspended for 18 months. He must undertake 240 hours of unpaid work. He was also disqualified from holding the position of a director for a period of 5 years. A Proceeds of Crime Application is outstanding and will be determined at a future date. Victoria Webb-Johnson, 47 of Sydney Road, Crewe was sentenced to 10 weeks imprisonment suspended for 12 months. She was also ordered to pay a contribution towards the costs of the prosecution of £8000 and the victim surcharge. Stefan Paraszko, 66 of High Street Silverdale, was sentenced to 11 months imprisonment that was immediately suspended for 18 months and the victim surcharge. VWJ Earth Moving Limited was fined £11,000 and ordered to pay a contribution towards the costs of the prosecution of £8000 and the victim surcharge Jumbo Waste and Metal Limited was fined £1, as the company is in liquidation, and the victim surcharge. TW Frizell (Haulage & Plant Hire) Ltd was fined £1, as the company is in liquidation, and the victim surcharge. Joe Frizell was also sentenced alongside RJC Regeneration Limited in respect of a matter that occurred at Elms Farm, Betley, Crewe. In that case waste was deposited without the benefit of an Environmental Permit and exceeded the allowances of any waste exemptions. In respect of the Elms Farm case, Mr Recorder Nicholls imposed the following sentences: Joe Frizell was sentenced to 2 months immediate custody to run concurrently with his other sentence – this means he received a total of 2 years immediate custody overall. RJC Regeneration Limited was fined £8000 and the victim surcharge ## Further information In the matter large scale illegal waste crime in Staffordshire from Chester Crown Court, Joe Frizell, RJC Regeneration Ltd and Mark Oulton pleaded guilty on 18 July 2023 to offences relating to the depositing of illegal waste at Doddlespool Farm and Elms Farm, Crewe at Chester Crown Court on 18 July 2023. Mark Oulton, 53 of Main Road, Betley, was sentenced by Chester Crown Court on 8 September 2023 to 9 months custody suspended for 18 months. In addition, he was sentenced to 130 hours unpaid work, a £5000 fine and ordered to pay a contribution towards the prosecution costs of £27,000. Mr Oulton was also made subject to a court order requiring him to remove waste illegally deposited and stored on Doddlespool Farm by 8 September 2024. ## Large Scale Illegal Waste Crime Charges ### Jumbo Waste & Metals Ltd Jumbo Waste & Metals Ltd did between the 1st March 2014 and the 30th June 2015, contravened regulation 12(1) of the [Environmental Permitting (England and Wales) Regulations 2010](https://www.legislation.gov.uk/ukdsi/2010/9780111491423/contents) operate a regulated facility on land known as Bonnie Braes Farm, Bignall End, without the authorisation of an environmental permit, contrary to Regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2010. ### Raymond Bowden Raymond Bowden did between the 1st March 2014 and the 30th June 2015, contravened regulation 12(1) of the [Environmental Permitting (England and Wales) Regulations 2010](https://www.legislation.gov.uk/ukdsi/2010/9780111491423/contents) operate a regulated facility on land known as Bonnie Braes Farm, Bignall End, without the authorisation of an environmental permit, contrary to Regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2010. ### James Bowden Between the 12th January 2015 and the 30th June 2015, Jumbo Waste & Metals Ltd contravened regulation 12 of the [environmental permit](https://ashbrookeconsultants.co.uk/environment/environment-agency-to-prioritise-permits/)ting (England and Wales) Regulations 2010 by operating a regulated facility at Bonnie Braes Farm, Bignall End outside the terms of authorisation of an environmental permit and this offence was committed with the consent or connivance or was attributable to the neglect of James Bowden, being a director of the said company, contrary to Regulation 38(1) and Regulation 41(1) of the Environmental Permitting (England and Wales) Regulations 2010. ### Stefan Paraszko Stefan Paraszko pleaded guilty to between the 1st March 2014 and the 30th June 2015, contravened regulation 12(1) of the Environmental Permitting (England and Wales) Regulations 2010 operating a regulated facility on land known as Bonnie Braes Farm, Bignall End, without the authorisation of an environmental permit, contrary to Regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2010. ### TW Frizell (Haulage & Plant Hire) Ltd TW Frizell (Haulage & Plant Hire) Ltd, between the 1st March 2014 and the 30th June 2015, deposited controlled waste on land at Bonnie Braes Farm, Bignall End when there was no environmental permit in force authorising the deposits, contrary to sections 33(1)(a) and 33(6) of the [Environmental Protection Act 1990](https://www.legislation.gov.uk/ukpga/1990/43/contents). ### Joe Frizell Between the 1st March 2014 and the 30th June 2015, TW Frizell (Haulage & Plant Hire) Ltd deposited controlled waste on land at Bonnie Braes Farm, Bignall End when there was no environmental permit in force authorising the deposits and this offence was committed with the consent or connivance or was attributable to the neglect of Joe Frizell, being a director of the said company, contrary to sections 33(1)(a), 33(6) and 157(1) of the Environmental Protection Act 1990. ### VWJ Earthmoving Ltd VWJ Earthmoving Ltd pleaded guilty to between the 1st March 2014 and the 30th June 2015, depositing controlled waste on land at Bonnie Braes Farm, Bignall End when there was no environmental permit in force authorising the deposits, contrary to sections 33(1)(a) and 33(6) of the Environmental Protection Act 1990. ### Victoria Webb-Johnson Victoria Webb-Johnson pleaded guilty to between the 1st March 2014 and the 30th June 2015, VWJ Earthmoving Ltd deposited controlled waste on land at Bonnie Braes Farm, Bignall End when there was no environmental permit in force authorising the deposits and this offence was committed with the consent or connivance or was attributable to the neglect of Victoria Webb-Johnson, being the director of the said company, contrary to sections 33(1)(a), 33(6) and 157(1) of the Environmental Protection Act 1990. ## Chester Court Charges ### Mark Oulton Between 16 February 2018 to 22 March 2021 at Doddlespool Farm, Main Road, Betley, Crewe, CW3 9AE, Mark Oulton did operate a regulated facility, namely a waste operation for storage of waste, except under and to the extent authorised by an environmental permit, contrary to Regulations 12 and 38(1)(a) of the [Environmental Permitting (England and Wales) Regulations 2016](https://www.legislation.gov.uk/uksi/2016/1154/contents/made). Between 3 October 2017 to 22 March 2021 at Elms Farm, Betley Road, Betley, Crewe, Mark Oulton did operate a regulated facility, namely a waste operation for storage of waste, except under and to the extent authorised by an environmental permit, contrary to Regulations 12 and 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016. ### RJC Regeneration Ltd Between 3 October 2017 to 23 March 2018 at Elms Farm, Betley Road, Betley, Crewe, RJC Regeneration Ltd did deposit waste on land without the benefit of an environmental permit contrary to Section 33(1)(a) of the Environmental Protection Act 1990. ### Joe Frizell Between 3 October 2017 to 23 March 2018 at Elms Farm, Betley Road, Betley, Crewe, RJC Regeneration Ltd did deposit waste on land without the benefit of an environmental permit and that offence was committed with the consent, connivance or was attributable to the neglect of Joe Frizell contrary to Sections 33(1)(a) and 157 of the Environmental Protection Act 1990. If you require advice on environmental permits or waste exemptions, please [contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/). > > **Categories:** Agriculture, Environment, Prosecutions, Waste **Tags:** environment, Environment Agency, prosecutions, waste --- ### [Food Law Code consultation](https://ashbrookeconsultants.co.uk/food-safety/food-law-code-consultation/) **Published:** October 21, 2022 **Author:** Administrator **Excerpt:** On 17 October 2022, the Food Standards Agency (FSA) launched a 12-week Food Law Code consultation. The consultation is seeking views from local authorities (LA), food business operators, unions and interested groups on the proposed changes to the Food Law Code of Practice in England **Content:** On 17 October 2022, the [Food Standards Agency (FSA)](https://www.food.gov.uk/) launched a 12-week Food Law Code consultation. The consultation is seeking views from local authorities (LA), food business operators, unions and interested groups on the proposed changes to the [Food Law Code of Practice in England](https://assets.publishing.service.gov.uk/media/6a3d4a1230b491f55b3c4a81/Food_Law_Code_of_Practice__England_.pdf). The proposals involve fundamental changes to the food standards delivery model within the Code, and associated content, namely the introduction of a: - new food standards risk rating scheme that LA officers will use to evaluate the risk posed by a food business - new decision matrix to determine the frequency at which food standards official controls should be delivered in line with the outcome of the risk assessment Local authorities follow the Code when carrying out official food controls. The Code requires regular review and revision to ensure that it reflects current priorities, policy, and [legislative requirements](https://ashbrookeconsultants.co.uk/governance/why-your-company-needs-a-legislation-register/) so that the local authority delivery of official food controls remain effective, consistent, and appropriate. ![Food Law Code consultation](https://ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/katarzyna-grabowska-GZ0TGTwiCiQ-cropped-1024x1024.jpg)Changes proposed for Food Law Code of Practice in EnglandThe changes that the FSA are proposing will introduce a new food standards delivery model. The new model will allow local authorities to have flexibility to use any of the official control methods and techniques available and direct local authority resource to where it is most [needed to tackle risk](https://ashbrookeconsultants.co.uk/compliance/do-small-businesses-need-an-environmental-legal-register/) in the food chain. > “The Food Law Code of Practice enables us to ensure food is safe and what it says it is. The proposed amendments to the Code will enable local authorities to manage resources more effectively, by prioritising their activities on food businesses that pose the highest risk to public health and consumers. > > “As part of the consultation process, we are planning a series of local authority engagement events to discuss the new model and the changes that are being proposed. The consultation ends on 9 January 2023, so we would encourage all those who have an interest in this to respond over the next 12 weeks.” > > Michael Jackson, Head of [Regulatory Compliance](https://ashbrookeconsultants.co.uk/regulatory-compliance-case-study/) Division (FSA) The [consultation page](https://assets.publishing.service.gov.uk/media/6a3d4a1230b491f55b3c4a81/Food_Law_Code_of_Practice__England_.pdf) is available on the FSA website, where you can also find out about the Food Law Code of Practice. All comments and views should be included in the consultation response form and sent to: CodeReviewResponses@food.gov.uk The consultation will close at midnight on 9 January 2023. If you require food safety advice or support for your business, [please contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Food Safety **Tags:** Code of Practice, Consultation, Food, Food safety, Food Standards Agency, FSA --- ### [Farms are not playgrounds](https://ashbrookeconsultants.co.uk/agriculture/farms-are-not-playgrounds/) **Published:** September 2, 2024 **Author:** Administrator **Excerpt:** A recent prosecution case highlights the dangers for children in agricultural environments and that farms are not playgrounds.  In the case, video footage taken by a neighbour captured the moment a farmer allowed one of his grandchildren to illegally ride in his tractor and ultimately led to his conviction. **Content:** A recent prosecution case highlights the dangers for children in agricultural environments and that farms are not playgrounds. In the case, video footage taken by a neighbour captured the moment a farmer allowed one of his grandchildren to illegally ride in his tractor and ultimately led to his conviction. Howard Walters, 78, was given a 12-month community order after he was spotted with the child in the tractor cab as he fed cattle on his farm in South Wales. Walters had already been issued with a prohibition notice by the [Health and Safety Executive](https://www.hse.gov.uk/) (HSE) in November 2020 after admitting to inspectors he allowed his pre-teen grandchildren to ride in his tractor. However, just two months later, he was filmed by his neighbour flagrantly breaching the terms of that notice. A [HSE](https://www.hse.gov.uk/index.htm "HSE") inspector who investigated Mr Walters says the law is “very clear”. Children under 13 are specifically prohibited from driving or riding on or in any agricultural machine, including the tractor cab. At the time of committing the offence, Walters, of Tirmynydd Farm in Birchgrove, Swansea, was already the subject of a [suspended prison](https://ashbrookeconsultants.co.uk/environment/proven-skip-boss-receives-a-suspended-prison-term/) sentence for unrelated environmental offences. In a case that was heard on 27 August 2024 at Swansea Crown Court, he was fined £500 for breaching the terms of that sentence. As part of his community order, Walters must attend 25 days of rehabilitation. Agriculture remains one of the most dangerous industries in Britain, with on average around 29 people killed each year. Being killed by vehicles remains the most significant cause of work related fatality over the last five years. Unfortunately, children are among those deaths with it often being the case that they are family members, with many killed by farm vehicles. Guidance is available for farmers on how to [prevent accidents to children on farms](https://www.hse.gov.uk/pubns/indg472.pdf). Howard Walters, of Tirmynydd Farm in Birchgrove, Swansea, pleaded guilty to breaching section 33(1)(g) [Health and Safety at Work etc Act 1974](https://www.legislation.gov.uk/ukpga/1974/37/contents). He was given a 12 month community order and ordered to pay £3,000 in costs. [HSE inspector](https://ashbrookeconsultants.co.uk/health-and-safety/hse-inspectors-refused-entry/) Simon Breen said: > “The law around children being allowed in the cabs of any agricultural vehicle is very clear. For any child to ride on agricultural machinery like a tractor is unsafe and illegal. The fact this farmer chose to ignore a prohibition notice for putting his grandchildren at risk is all the more staggering. We will take action against those who break the law. The solution is very simple – young children should never ride in agricultural vehicles.” > > ![Farms children](https://ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/landscape-tree-nature-grass-horizon-cloud-1018450-pxhere.com_-1024x575.jpg)The HSE has published detailed guidance about child safety on farms and in agriculture which is [available on its website](https://www.hse.gov.uk/agriculture/topics/children.htm?utm_source=press.hse.gov.uk&utm_medium=referral&utm_campaign=prosecution_push). > > ## How farmers can keep children safe on farms Children must not be allowed in the farm workplace (young children should enjoy outdoor space in a secure fenced area). Any access to the farm workplace by children under 16, for example for education, or knowledge / experience, must be planned and fully supervised by an adult not engaged in any work activity. Children under the age of 13 years are specifically prohibited from driving or riding on any agricultural machine. It is illegal. Properly trained, instructed, and supervised older children may, in tightly controlled circumstances, be able to help with some straightforward low risk tasks. If you require health and safety advice for your business, [please contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Agriculture, Health and Safety, Prosecutions **Tags:** Health and Safety, prosecutions --- ### [Employee looses legs in accident](https://ashbrookeconsultants.co.uk/health-and-safety/employee-looses-legs-in-accident/) **Published:** August 23, 2024 **Author:** Administrator **Excerpt:** A company has been fined £160,000 after an employee looses legs in accident whilst working at its site near Warrington. The 64-year-old was working in close proximity to a forklift truck (FLT) which was being used to load pallets of slate tiles onto a waiting truck. The FLT was carrying two pallets, one on top of the other. The top pallet was not secured to the one below, and when the driver turned the vehicle, both pallets became detached from the forks, with the upper pallet striking Mr McAuley, crushing his legs. **Content:** A company has been fined £160,000 after an employee looses legs in accident whilst working at its site near Warrington. On 20 June 2022, Andrew McAuley, from Runcorn, an employee of [William Stobart & Son Limited](https://wstransportation.com/) was picking orders at the firm’s warehouse in Appleton Thorn. The 64-year-old was working in close proximity to a forklift truck (FLT) which was being used to load pallets of slate tiles onto a waiting truck. The FLT was carrying two pallets, one on top of the other. The top pallet was not secured to the one below, and when the driver turned the vehicle, both pallets became detached from the forks, with the upper pallet striking Mr McAuley, crushing his legs. Mr McAuley had to have both legs amputated below the knee. He has been left dependent upon a wheelchair and unable to drive or climb stairs, leading to the need for extensive adaptations to the family home. An investigation by the [Health and Safety Executive (HSE)](https://www.hse.gov.uk/) found that William Stobart & Son Limited failed to ensure this area of the warehouse was organised so that vehicles and pedestrians were segregated and circulated in a safe manner and loads were secured so far as was reasonably practicable. William Stobart & Son Limited, of Ashville Way Industrial Estate, Sutton Weaver, Runcorn, Cheshire pleaded guilty to breaching regulation 2(1) of the [Health and Safety at Work etc Act 1974](https://www.legislation.gov.uk/ukpga/1974/37/contents). The company was fined £160,000 and ordered to pay £4,478 costs at a hearing at Warrington Magistrates Court on 30 July 2024. ![Employee looses legs in accident](https://ashbrookeconsultants.co.uk/wp-content/uploads/2024/08/William-Stobart-Son-Ltd4-530x398-1.jpg)## Accident preventable After the hearing [HSE](https://www.hse.gov.uk/index.htm "HSE") Inspector Lorna Sherlock said: “Mr McAuley has been left with devastating and life changing injuries. The company failed to implement a [safe system of work](https://ashbrookeconsultants.co.uk/compliance/safe-systems-of-work/) for loading and unloading activities, thereby exposing employees, and others, to the risk of being struck by loads or workplace vehicles. This case illustrates the consequences of failing to segregate vehicles and pedestrians, and to properly secure loads. This injury could easily have been prevented. Employers should make sure they assess work activities sufficiently and apply effective control measures to minimise the risk from workplace transport.” ## Employee transport safety Employers who operate depots must ensure that a suitable and sufficient risk assessment is undertaken covering the transport risks. When considering the risks from vehicle manoeuvring, employers must ensure that vehicles have large enough windscreens (with wipers where necessary) and external mirrors to provide an all-round field of vision. It is often worthwhile adding extra mirrors to reduce blind spots for drivers. Side mirrors can allow drivers of larger vehicles to see cyclists and pedestrians alongside their vehicles and can be effective in improving visibility around the vehicle from the driving position. These mirrors are fitted to larger road-going vehicles as standard. Drivers should not place items in the windscreen area or in the way of mirrors or monitors, where they might impede visibility from the driving position. The area of the windscreen that is kept clear by the wipers should not be obscured, and nor should the side windows. Windows and mirrors will also normally need to be kept clean and in good repair. Dirt or cracks can make windows or mirrors less effective. Some types of vehicles (such as straddle carriers, large shovel loaders and some large quarry vehicles) often have poor visibility from the cab. Visibility can be poor to the side or front of a vehicle as well as behind and loads on vehicles can severely limit the visibility from the driving position. Lift trucks and compact dumper vehicles in particular can have difficulty with forward visibility when they are [transporting](https://ashbrookeconsultants.co.uk/health-and-safety/vehicle-injured-guard/) bulky loads. Employers should recognise these risks in their risk assessment and think about ways to minimise them. Closed-circuit television (CCTV) may help drivers to see clearly behind or around the vehicle. CCTV can cover most blind spots and the cost of fitting CCTV systems has fallen since the technology was first developed. Companies who have fitted CCTV have found that it can reduce the number of reversing accidents, so the systems usually pay for themselves in a few years. Colour systems can provide a clearer image where there is little contrast (for example, outside on an overcast day). However, black-and-white systems normally provide a better image in lower light or darkness, and usually come with infra-red, which can be more effective than standard cameras at night. Monitors should have adjustable contrast, brightness and resolution controls to make them useful in the different light conditions in which they will be used. Drivers may need to use a hood to shield any monitor from glare. If possible, fit the camera for a CCTV system high up in the middle of the vehicle’s rear (one camera), or in the upper corners (two cameras). This will provide a greater field of vision and a better angle for the driver to judge distance and provide. It also keeps the camera clear of dust and spray, and out of the reach of thieves or vandals. However, CCTV systems do have some limitations which employers should consider: - If the vehicle leaves a darker area to a more strongly lit area (for example, driving out of a building) the system may need time to adjust to the brightness. - A dirty lens will make a camera much less effective. - Drivers may find it difficult to judge heights and distances. Drivers should not be complacent about safety even with CCTV systems installed. They should be trained in proper use of the equipment and employers have a duty to provide such training and instruction. Reversing alarms may be drowned out by other noise or may be so common on a busy site that pedestrians do not take any notice. It can also be hard to know exactly where an alarm is coming from, and people who are less able to hear are also at greater risk. Alarms can also disturb nearby residents. However, reversing alarms may be appropriate (based on the risk assessment) but might be most effectively used with other measures, such as warning lights. Additional advice on transport safety can be found in the HSE [Guide to workplace transport safety (HSG 136, 2014)](https://www.hse.gov.uk/pubns/priced/hsg136.pdf) which is available free on the website. If you require health and safety advice or support for your business, [please contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Health and Safety, Prosecutions **Tags:** Health and Safety, prosecution, prosecutions --- ### [Big fines for water firms](https://ashbrookeconsultants.co.uk/environment/water-companies-fined-168-million/) **Published:** August 6, 2024 **Author:** Administrator **Excerpt:** Three water companies fined £168 million in relation to failure to manage waste water. Ofwat has today (6 August 2024) proposed that three water companies will be fined a total of £168m for failing to manage their wastewater treatment works and networks, as part of the first batch of outcomes from its biggest ever investigation. **Content:** Big fines for water firms as Ofwat imposed penalties of £168 million in relation to failure to manage waste water at three companies. [Ofwat](https://www.ofwat.gov.uk/) has today (6 August 2024) proposed that three water companies will be fined a total of £168m for failing to manage their wastewater treatment works and networks, as part of the first batch of outcomes from its biggest ever investigation. ## Water companies fined The penalties proposed for consultation will see [Thames Water](https://www.thameswater.co.uk/) fined £104m, [Yorkshire Water](https://www.yorkshirewater.com/) fined £47m and [Northumbrian Water](https://www.nwl.co.uk/) fined £17m. The penalties relate to their management of wastewater treatment works and wider sewer networks including their operation of storm overflows. These are designed to release water in exceptional circumstances, when the sewerage system is at risk of being overwhelmed, such as during unusually heavy downpours or snowfall, to prevent sewage flooding into people’s homes. ![Big fines for water firms](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/pexels-yogendra-singh-2480797-1024x679.jpg)## Big fines for water firms’ failures Ofwat has found that all three firms have: - Failed to ensure that discharges of untreated wastewater from storm overflows occur only in exceptional circumstances which has resulted in harm to the environment and their customers. - Shown a strong correlation between high spill levels and operational issues at wastewater treatment sites which points to these companies not having properly operated and maintained their wastewater treatment works. - Failed to upgrade assets, where necessary, to ensure they meet the changing needs of the local area they serve. - Been slow to understand the scope of their obligations relating to limiting pollution from storm overflows and failed to ensure that they had in place the necessary information, processes and oversight to enable them to properly comply with those requirements. However, the scale of the breaches Ofwat has found, differs between each of the wastewater companies. Investigations by the regulator found that: - Thames Water had 67% of its wastewater treatment works with FFT permits found to have capacity and operational issues. 16% of its storm overflows associated with its wastewater treatment works were found to be in breach. - Yorkshire Water had 16% of its wastewater treatment works with FFT permits found to have capacity or operational problems. 45% of its storm overflows associated with its wastewater treatment works were found to be in breach. - Northumbrian Water had 3% of its wastewater treatment works with FFT permits found to have capacity or operational problems. 9% of its storm overflows associated with its wastewater treatment works were found to be in breach. Therefore, in addition to the proposed big fines for water firms, Ofwat is also consulting on proposed enforcement orders which will require each company to rectify the problems Ofwat has identified to ensure they comply with their legal and regulatory obligations. Companies will not be able to recover the money for any proposed penalties from customers and Ofwat will ensure that customers are not charged twice where additional maintenance is required. Ofwat’s Chief Executive David Black said: Ofwat has uncovered a catalogue of failure by Thames Water, Yorkshire Water and Northumbrian Water in how they ran their sewage works and this resulted in excessive spills from storm overflows. Our investigation has shown how they routinely released sewage into our rivers and seas, rather than ensuring that this only happens in exceptional circumstances as the law intends. The level of penalties we intend to impose signals both the severity of the failings and our determination to take action to ensure water companies do more to deliver cleaner rivers and seas. These companies need to move at pace to put things right and meet their obligations to protect customers and the environment. They also need to transform how they look after the environment and to focus on doing better in the future. Looking to the future we want transform companies’ performance under our new price control that starts in April next year, so we reduce spills from sewage overflows by 44 per cent by 2030 compared to 2021 levels. These proposed findings are the first three cases Ofwat has open in its wider investigation to reach this stage. This investigation is a priority for Ofwat, and it will continue to work as quickly as possible on the eight further cases. Enforcement notices have been issued to the three water [companies fined](https://ashbrookeconsultants.co.uk/health-and-safety/steel-company-fined-for-safety-breaches/): - [Enforcement case in Thames Water’s management of its sewage treatment works and sewerage networks](https://www.ofwat.gov.uk/enforcement-case-in-thames-waters-management-of-its-sewage-treatment-works-and-sewerage-networks/) - [Enforcement case in Yorkshire Water’s management of its sewage treatment works and sewerage networks](https://www.ofwat.gov.uk/enforcement-case-in-yorkshire-waters-management-of-its-sewage-treatment-works-and-sewerage-networks/) - [Enforcement case in Northumbrian Water’s management of its sewage treatment works and sewerage networks](https://www.ofwat.gov.uk/enforcement-case-in-northumbrian-waters-management-of-its-sewage-treatment-works-and-sewerage-networks/) Ofwat can impose big fines on water firms, the value of which can be up to 10% of relevant turnover. For each company, the fines applied in this investigation equates to (i) Thames Water – 9% of turnover, (ii) Yorkshire Water – 7% of turnover, and (iii) Northumbrian Water – 5% of turnover. The big fines for water firms were issued under Section 22A [Water Industry Act 1991](https://www.legislation.gov.uk/ukpga/1991/56/contents) provides details of how financial penalties are calculated and imposed with [accompanying guidance](https://www.ofwat.gov.uk/wp-content/uploads/2016/01/pap_pos_101124statementpenalties.pdf). These penalties are separate to the commitments that have been set out as part of PR24 draft determinations for all wastewater companies which will see £9.5bn overall enhancement expenditure for storm overflow improvements to meet their new performance commitment targets. Big fines for water firms are likely to continue when the sector is facing unprecedented challenges, with [climate change](https://ashbrookeconsultants.co.uk/agriculture/roadmap-for-flood-and-climate-resilience/), population growth, urbanisation, and emerging pollutants all putting pressure on the environment across England and Wales. To help address these challenges, a new Evidence and Performance team has been created within Ofwat to enhance Ofwat’s environmental assessment and monitoring capabilities. If you require advice on environmental protection, [please contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Environment, Prosecutions **Tags:** environment, prosecutions --- ### [Recycling company fined £3 million](https://ashbrookeconsultants.co.uk/health-and-safety/recycling-company-fined-3-million/) **Published:** August 6, 2024 **Author:** Administrator **Excerpt:** Recycling company fined £3 million after a man died and another was seriously injured while decommissioning a North Sea gas rig. **Content:** Recycling company fined £3 million after a man died and another was seriously injured while decommissioning a North Sea gas rig. Stephen Picken, 62, and Mark Kumar were working for Veolia ES (UK) Limited at an onshore facility in Great Yarmouth. Both men were working as demolition operatives also known as “Top Men”, undertaking the decommissioning and dismantlement of offshore structures. ## Recycling Activity On 17 October 2019, the two workers were removing an overhanging piece of metal pipework (known as a skirt pile), weighing in excess of 27 tonnes, from a jacket (a structure placed in the sea, designed to support oil and gas rig platforms), when it gave way. The pile struck the mobile elevating work platform (MEWP) containing the men, throwing them to the ground about 12 metres below. Stephen Picken died at the scene and Mark Kumar suffered serious life-changing injuries. ## Investigation An investigation by the [Health and Safety Executive (HSE)](https://www.hse.gov.uk/) identified serious failings with the planning and the risk assessment which did not adequately cover the planned works. Shortcomings in supervision of the incident were also identified. The company did not risk assess the skirt pile being removed as it was considered low risk. As a result, there was no cutting plan or [safe system of work](https://ashbrookeconsultants.co.uk/compliance/safe-systems-of-work/) for the skirt pile. Demolition, dismantling and structural alteration work must be carefully planned and carried out – HSE has guidance on this which is available free [here](https://www.hse.gov.uk/construction/safetytopics/demolition.htm). ![Recycling company fined £3 million](https://ashbrookeconsultants.co.uk/wp-content/uploads/2024/08/HSE-v-Veolia-8-website-768x512-1.jpg)## Recycling company fined £3 million [Veolia ES (UK) Limited](https://www.veolia.co.uk/) of Pentonville Road, London, pleaded guilty to breaching Section 2(1) of the [Health and Safety at Work etc. Act 1974](https://www.legislation.gov.uk/ukpga/1974/37/contents). At a sentencing hearing at Ipswich Crown Court, on 22 July 2024, the company was fined £3,000,000 and ordered to pay £60,000 in costs. After the hearing, [HSE](https://www.hse.gov.uk/index.htm "HSE") inspector David King said: This incident, in an emerging industry, highlights the level of controls required to safely demolish what are large, dangerous structures. Veolia did not meet these standards and tragically one life was lost, and another forever changed. The [Health and Safety](https://ashbrookeconsultants.co.uk/health-and-safety/managing-home-workers-health-safety/) Executive’s mission is to protect people and places. Organisations that endanger their employees by failing to meet the required standards, should be aware that we will not hesitate to take appropriate enforcement action. If your business requires health and safety advice, [please contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Health and Safety, Prosecutions **Tags:** Health and Safety, prosecutions, work equipment --- ### [Company Director Fined](https://ashbrookeconsultants.co.uk/health-and-safety/company-director-fined/) **Published:** July 17, 2024 **Author:** Administrator **Excerpt:** A company director fined after an employee was struck by an object while manufacturing large steel cable drums for the offshore industry. **Content:** A company director fined after an employee was struck by an object while manufacturing large steel cable drums for the offshore industry. The man, who is now 54, had been working for Code-A-Weld (Great Yarmouth) Limited when the incident happened on 19 November 2022. Although the company had manufactured steel drums previously, they had never manufactured drums of this size – with these ones weighing in excess of seven tonnes. However, during the process, the jacking set-up failed at the company’s site in Harfreys Industrial Estate in Great Yarmouth which resulted in a catalogue of serious injuries including fractures to the man’s face and skull, and him losing the sight in one eye. He was airlifted to hospital, placed into an induced coma and spent just under three weeks in hospital whereby he needed facial reconstruction surgery. A [Health and Safety Executive](https://www.hse.gov.uk/) (HSE) investigation found that Code-A-Weld (Great Yarmouth) Limited failed (i) to carry out a suitable and sufficient risk assessment; (ii) control risks from welding in confined spaces; and (iii) to provide the full training required. The investigation also found that company director, David Fowler, failed to provide safe systems of work in relation to metal fabrication work, despite previous [HSE](https://www.hse.gov.uk/index.htm "HSE") interventions regarding failure to risk assess activities in the fabrication workshop. ![Company director fined](https://ashbrookeconsultants.co.uk/wp-content/uploads/2024/07/HSE-Prosecution-Jul-24.jpg)Had the company put in place correct measures, such as suitable risk assessment, [safe systems of work](https://ashbrookeconsultants.co.uk/compliance/safe-systems-of-work/) and planning for jacking activity, the incident could have been prevented. The HSE publication, *Health and safety in engineering workshops* provides valuable practical advice and can be downloaded free at: [Health and Safety in engineering workshops](https://www.hse.gov.uk/pubns/priced/hsg129.pdf). Following a sentencing hearing at Chelmsford Magistrates’ Court on 20 June 2024, DJ Williams issued their written judgment on 5 July as follows: ## Company Fined Code-A-Weld (Great Yarmouth) Limited, of Harfreys Industrial Estate, Bessemer Way, Great Yarmouth, pleaded guilty to breaching Section 2(1) of the [Health and Safety at Work etc. Act 1974](https://www.legislation.gov.uk/ukpga/1974/37/contents). The company was fined £24,000 and ordered to pay £3,500 in costs. ## Director Fined David Fowler, of Harfreys Industrial Estate, Bessemer Way, Great Yarmouth, pleaded guilty to breaching Section 37(1) of the [Health and Safety at Work etc. Act 1974](https://www.legislation.gov.uk/ukpga/1974/37/contents). He was fined £2,000 and ordered to pay £1,500 in costs. ## HSE Statement Those in control of work have a responsibility to devise safe methods of working and to provide the necessary information, instruction and training to their workers in the safe system of working. If a suitable safe system of work had been in place prior to the incident, the life-threatening injuries sustained by the employee could have been prevented. > [HSE inspector](https://ashbrookeconsultants.co.uk/health-and-safety/hse-inspectors-refused-entry/) Natalie Prince If you require advice for your business, [please contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/). **Categories:** Health and Safety, Prosecutions **Tags:** Health and Safety, prosecution, prosecutions, safety, work equipment --- ### [Court Judgment Opens Litigation Floodgates](https://ashbrookeconsultants.co.uk/environment/court-judgment-opens-litigation-floodgates/) **Published:** July 3, 2024 **Author:** Administrator **Excerpt:** A court judgment handed down by the Supreme Court this week could open the floodgates to claims against water companies.  In The Manchester Ship Canal Company Limited v United Utilities Water Limited No 2 [2024] UKSC 22, the Supreme Court Justices ruled that private individuals can bring claims in nuisance or trespass against water companies for pollution. **Content:** A court judgment handed down by the Supreme Court this week could open the floodgates to claims against water companies. In ***[The Manchester Ship Canal Company Limited v United Utilities Water Limited No 2 \[2024\] UKSC 22](https://www.supremecourt.uk/cases/docs/uksc-2022-0121-judgment.pdf)***, the Supreme Court Justices ruled that private individuals can bring claims in nuisance or trespass against water companies for pollution. ## Background to Court Judgment This appeal forms part of long-running litigation about discharges of foul water contaminated with untreated sewage into the Manchester Ship Canal. The Supreme Court is asked to decide whether the owner of the beds and banks of the canal, the [Manchester Ship Canal Company Ltd](https://manchestershipcanal.com/) (“the Canal Company”), can bring a claim in nuisance or trespass when the canal is polluted by discharges of foul water from outfalls maintained by the statutory sewerage undertaker, [United Utilities Water Ltd](https://www.unitedutilities.com/) (“United Utilities”). United Utilities is the statutory sewerage undertaker for the North West of England. Its sewerage network includes around 100 outfalls from which material emanating from sewers, sewage treatment works and pumping stations is discharged into the canal. When it is operating within its hydraulic capacity, the discharges are of surface water or treated effluent, but when the system’s hydraulic capacity is exceeded at least some of the outfalls discharge foul water into the canal. There is no suggestion that these polluting discharges are caused by negligence or deliberate wrongdoing on the part of United Utilities. However, they could be avoided if United Utilities invested in improved infrastructure and treatment processes. The Canal Company threatened to bring a claim against United Utilities for trespass and nuisance. In response, United Utilities asked the court to make a declaration that the Canal Company had no right of action. The court was not asked to decide whether the Canal Company’s claim would be successful on the relevant facts. Rather, the question was whether the claim would be inconsistent with and therefore barred by the statutory scheme for regulating sewerage established by the [Water Industry Act 1991](https://www.legislation.gov.uk/ukpga/1991/56/contents) (“the 1991 Act”). ![Court judgment](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/pexels-yogendra-singh-2480797-1024x679.jpg)The High Court judge agreed to make the declaration requested by United Utilities. His decision was upheld by the Court of Appeal. The implication of these judgments is that no owner of a canal (or other watercourse or body of water) can bring a claim based on nuisance or trespass against a sewerage [undertaker in respect of polluting](https://ashbrookeconsultants.co.uk/environment/pollution-enforcement-undertaking/) discharges into the water, unless the sewerage undertaker is guilty of negligence or deliberate wrongdoing. A claim of this kind would be prevented even if the polluting discharges were frequent and had significant and damaging effects on the owner’s commercial or other interests, or on its ability to enjoy its property. The Canal Company appeals to the Supreme Court. ## Court Judgment The Supreme Court unanimously allowed the Canal Company’s appeal. The Court held that the 1991 Act does not prevent the Canal Company from bringing a claim in nuisance or trespass when the canal is polluted by discharges of foul water from United Utilities’ outfalls, even if there has been no negligence or deliberate misconduct. Lord Reed and Lord Hodge give a joint judgment with which the other members of the Court agree. ## Reasons for the Decision The starting point is that the owner of a canal or other watercourse has a property right in the watercourse, including a right to preserve the quality of the water. That right is protected by the common law. The discharge of polluting effluent into a privately-owned watercourse is an actionable nuisance at common law if the pollution interferes with the owner’s use or enjoyment of its property. The Supreme Court was, therefore, asked to decide whether the 1991 Act excludes common law rights of action in nuisance and trespass. This is a question of statutory interpretation. ### Statutory Powers A body which exercises statutory powers, such as a sewerage undertaker, is liable in the same way as any other person if it is responsible for a nuisance, trespass or other tort, unless either it: (i) is acting within its statutory powers, or (ii) has been granted some statutory immunity from suit. If a sewerage undertaker interferes with a person’s rights, it is therefore necessary to distinguish between interferences which Parliament has authorised, which are lawful, and interferences which Parliament has not authorised, which are unlawful. When drawing this distinction, two principles are relevant. First, a person’s rights to the peaceful enjoyment of its property and to access the courts are protected by both the common law and the [Human Rights Act 1998](https://www.legislation.gov.uk/ukpga/1998/42/contents). The principle of legality holds that fundamental rights cannot be overridden by general or ambiguous words. A statute will, therefore, only authorise what would otherwise be an unlawful interference with property rights or deprive a person of the right to bring a legal claim, if this is clear from or a necessary implication of the express language used by Parliament. Secondly, Parliament will not be taken to have intended that statutory powers should be exercised, or duties performed, in a way which interferes with private rights, unless the interference is inevitable. The 1991 Act does not expressly authorise United Utilities to cause a nuisance or to trespass by discharging foul water through the outfalls into the canal. United Utilities’ entitlement to use the outfalls derives from section 116 of the 1991 Act. However, this entitlement is subject to a number of statutory protections for watercourses. Section 117(5) provides that nothing in section 116 (or the other relevant sewerage provisions of the 1991 Act) authorises a sewerage undertaker to use a sewer, drain or outfall to convey foul water into a watercourse. Sewerage undertakers therefore do not have statutory authority to discharge untreated sewage into watercourses. Section 117(6) prevents a sewerage undertaker from carrying out its functions under the relevant sewerage provisions so as to create a nuisance. Section 94(4) makes it clear that the common law remedies for nuisance – such as an injunction or damages – are available in addition to any remedy available by virtue of section 94. Section 186(3) further protects the owners of watercourses, and other rights-holders, by stating that nothing in the relevant sewerage provisions authorises a sewerage undertaker to damage a watercourse, or the quality of the water in it, without consent. ### Unauthorised Pollution The Court judgment concludes that the polluting discharges similarly cannot be regarded as having been impliedly authorised by Parliament, since they are not an inevitable consequence of a sewerage undertaker’s performance of its statutory powers and duties. In the present case, the discharges could be avoided if United Utilities invested in improved infrastructure and treatment processes. If Parliament has not authorised an interference with private law rights, it would normally follow that a claimant can enforce those rights at common law. Furthermore, since sections 117(5) and 186(3) limit the authority conferred on sewerage undertakers by the 1991 Act, there must be a common law remedy where those limits are exceeded: otherwise, the sections would have no purpose. ### Marcic Case United Utilities argues that the Canal Company has no cause of action because the only way to avoid the discharges of foul water into the canal would be to construct new sewerage infrastructure. It relies on the House of Lords’ decision in ***[Marcic v Thames Water Utilities Ltd \[2003\] UKHL 66](https://www.i-law.com/ilaw/doc/view.htm?id=75447#:~:text=The%20House%20of%20Lords%20in%20Marcic%20v%20Thames,defendants%2C%20nor%20had%20his%20human%20rights%20been%20violated.)*** (“Marcic”), which it says established that Parliament’s intention was that the construction of new sewerage infrastructure should be a matter for the Secretary of State or the regulator, the Water Services Regulation Authority (known as “Ofwat”), not the courts. In the Court judgment, the Supreme Court rejects this argument. There are a number of indications that Parliament did not intend the 1991 Act to exclude a claimant’s right to enforce its private property right in a watercourse. First, section 186(7) provides for arbitration where [water quality](https://ashbrookeconsultants.co.uk/environment/river-habitat-survey-manual/) has been damaged without consent, at the option of the party complaining. This strongly suggests that the complainant could alternatively choose to pursue a common law claim. ### Statutory Compensation Secondly, section 180 of the 1991 Act gives effect to Schedule 12, which makes provision for statutory compensation. Compensation is available for damage caused by the authorised acts of sewerage undertakers, but not for damage caused by acts which are unauthorised, such as the discharges of foul water into the canal. This indicates that the victims of unauthorised damage retain their common law rights of action. Otherwise, they would be left without any remedy for the damage they have suffered, which would be anomalous. They would also be treated less favourably than the victims of authorised damage, which would be perverse. Thirdly, the Court judgment states that depriving the victims of a nuisance or trespass of their common law rights of action would be a substantial change to the law as it stood before the 1991 Act was enacted. It is unlikely that a change of this kind would have been made in a consolidation statute. Consolidation acts are not designed to make substantive changes to the law, but rather to reorganise and restate the existing law so that it is clearer and easier to understand. Moreover, the Court judgment notes that since the 1991 Act is detailed and elaborate, it would be surprising if Parliament had left an important change in the law to be implied rather than stated expressly. In addition, the principle of legality holds that fundamental common law rights, such as a right of action to protect private property, are not to be taken to be overridden in the absence of express language or necessary implication. In the Court judgment, the Justices noted that United Utilities relied on section 18, which empowers the Secretary of State and Ofwat to make enforcement orders for the purpose of securing compliance by sewerage undertakers with statutory and certain other requirements. These include the general duty in section 94, which requires sewerage undertakers to provide a sewerage system. Section 18(8) makes it clear that it is not possible to enforce these statutory and other requirements by bringing a claim at common law; an order under section 18 provides the only available remedy. However, this ouster only applies to causes of action that are based on a breach of a statutory or other requirement that is enforceable under section 18. If a sewerage undertaker does something (or fails to do something) which gives rise to an independent common law cause of action, for example, for nuisance or trespass, the 1991 Act does not prevent the courts from enforcing the claimant’s common law rights and awarding any available common law remedies. The Supreme Court accepted that the regulatory scheme established by the 1991 Act, including the making of enforcement orders under section 18, might be disrupted if the court were to grant injunctions which required a sewerage undertaker to spend large sums on new infrastructure as a remedy for interferences with private property rights. The Court judgement goes on to say that might be so if such an injunction conflicted with the arrangements in the Act for the regulatory approval of capital expenditure and the charges imposed on the sewerage undertaker’s customers. The Court judgment states however, this does not mean that common law rights of action are excluded in such a case. Instead, the courts may make an award in damages, both for past invasions of property rights and for future or repeated invasions of those rights. This would vindicate property rights in relation to watercourses until the sewerage undertaker is in a position, with Ofwat’s approval, to invest in a long-term solution. ### Court Judgment Distinguishes *Marcic* The Supreme Court’s conclusion that the 1991 Act does not prevent the Canal Company from bringing a claim in nuisance or trespass when the canal is polluted by discharges of foul water from United Utilities’ outfalls can be reconciled with the decision in Marcic. That case can be distinguished, first, because it did not concern the limits on the authority conferred on sewerage undertakers by the 1991 Act set out in sections 117(5) and 186(3). Secondly, the Court judgment states that the defendant sewerage undertaker had not created or adopted the relevant nuisance, as it has in the present case. Instead, it was said to be liable for continuing the nuisance by failing to take reasonable steps to avert it by constructing a new public sewer. An essential ingredient of the cause of action was therefore that the defendant was under a duty to build a new sewer, in accordance with section 94(1) of the 1991 Act. That duty could only be enforced by the Secretary of State or Ofwat under section 18, not by the courts. In contrast, the Canal Company’s proposed claim against United Utilities is not based on a [breach](https://ashbrookeconsultants.co.uk/health-and-safety/steel-company-fined-for-safety-breaches/) of section 94(1), or any other requirement enforceable under section 18, but rather on independent common law causes of action in trespass and nuisance. ## Conclusion The Court judgment is likely to encourage other groups and individuals to consider claims against water companies following pollution incidents. The increased focus on pollution incidents involving water companies has resulted in a number of investigations by the regulator, the [Environment Agency](https://www.gov.uk/government/organisations/environment-agency), responding to public concerns. Campaign and pressure groups will also be pleased with the Court’s decision. If you require advice on environmental management for your business, [please contact one of the Ashbrooke team.](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us") **Categories:** Environment, Prosecutions **Tags:** environment, prosecutions --- ### [Investing in corporate governance adds value to the bottom line and improves resilience in uncertain times.](https://ashbrookeconsultants.co.uk/compliance/investing-in-corporate-governance-adds-value-to-the-bottom-line-and-improves-resilience-in-uncertain-times/) **Published:** August 2, 2020 **Author:** Mark **Content:** We often say that the best companies to invest in are those that have good corporate governance principles but such measures need to be more than superficial gloss and need to be embedded in the organisation if they are to influence the bottom line. Listed companies are subject to detailed rules on corporate governance which requires significant resources to maintain. However, private companies which are not subject to these rules are increasingly embracing the governance principles as a means of demonstrating good practice to investors, customers and other stakeholders. ![Corporate governance](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/07/file0001898163708-1024x768.jpg)Photo by Christina Morillo on [Pexels.com](https://www.pexels.com/photo/people-sitting-beside-brown-wooden-desk-near-flat-screen-tv-1181355/)Appointing a non-executive director to the board may add £20,000 of cost to an SME but companies would not do so unless it represented value for money. The independent judgment that non-executive directors can bring to a Board can often help the management team make better decisions. This is particularly true where the non-executive director has skills or experience which are limited amongst the management team but required by the business. Non-executive expertise or experience in a particular industry sector, marketing, [compliance or governance](https://ashbrookeconsultants.co.uk/compliance/can-too-much-corporate-governance-stifle-smes/) can make a real contribution to management decision making in the business. The introduction of good governance practices will also reduce risks to the business and make it more resilient. Reducing these risks will reduce the likelihood of litigation and the significant costs associated with dealing with such claims even when successfully defeated. if you require advice on corporate governance, please [contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Compliance, Governance **Tags:** boardroom, company, Corporate, governance, leadership, profits, risk --- ### [New landlord safety duties](https://ashbrookeconsultants.co.uk/health-and-safety/new-electrical-safety-duties-for-landlords/) **Published:** August 2, 2020 **Author:** Mark **Content:** The [Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020](http://www.legislation.gov.uk/uksi/2020/312/pdfs/uksi_20200312_en.pdf) (‘Regulations’) come into force on 1 June 2020 and impose new safety duties for landlords on specified residential premises in England. The Regulations are likely to have significant financial consequences for landlords particularly where breaches are subject to enforcement action. The Regulations require local housing authorities to enforce the duties and include a power to arrange remedial action in certain circumstances. ## Scope of the safety duty regulations The Regulations apply to all new specified tenancies (granted on or after 1 June 2020) from 1 July 2020 in respect of tenancies granted on or after 1 June 2020; and all existing specified tenancies from 1 April 2021 where such tenancies were granted before 1 June 2020. The duties do not apply to landlords of social housing. In the Regulations, a specified tenancy means a tenancy of residential premises in England which: - grants one or more persons the right to occupy all or part of the premises as their only or main residence; - provides for payment of rent (whether or not a market rent); and - is not an excluded tenancy specified in the Regulations. ![New landlord safety duties](https://ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/000_0610.jpg)In Schedule I of the Regulations an excluded tenancy is one: - where the landlord is a private registered provider of social housing; - under the terms of which the occupier shares any accommodation with the landlord or a member of the landlord’s family; - that is a long lease for the purposes of section 7 of the Leasehold Reform, Housing and Urban Development Act 1993 (generally a lease granted for a term or series of terms exceeding 21 years); or grants a right of occupation for a term of 7 years or more; - that grants a right of occupation in a building which is used wholly or mainly for the accommodation of students, and is a hall of residence; - that grants a right of occupation in a hostel or refuge; - that grants a right of occupation in a care home; - that grants a right of occupation in a hospital or hospice; or - for other accommodation relating to healthcare provision. ## Landlord’s safety duties The Regulations impose a number of duties in respect of electrical safety on private landlords who grant or intend to grant a specified tenancy. Landlords must: - ensure that the electrical safety standards (the standards for electrical installations in the 18th edition of the Wiring Regulations, published by the [Institution of Engineering and Technology](https://shop.theiet.org/bs-7671-2018-requirements-for-electrical-installations-iet-wiring-regulations-18th-edition-blue) and the [British Standards Institution](https://shop.bsigroup.com/ProductDetail?pid=000000000030342613&creative=304958627941&keyword=%2Bbs%20%2B7671%20%2B2018&matchtype=b&network=g&device=c&gclid=Cj0KCQjwwr32BRD4ARIsAAJNf_2V9DLhziZSzTpetVSQPRQfl3oamF0WRqjuvV7xkf1BY5bQLTGaYmYaAgueEALw_wcB) as BS 7671: 2018) are met during any period when the residential premises are occupied under a tenancy; - every fixed electrical installation is inspected and tested at least every 5 years by a qualified electrician; - ensure the first inspection and testing is carried out before the tenancy commences in relation to a new tenancy, or by 1 April 2021 in relation to existing tenancies; - obtain a report which gives the results of the inspection and test, supply that report to each tenant within 28 days, and within 7 days of a request to the local housing authority. The landlord must also retain a copy until the next inspection is due; - supply a copy of the last report to any new tenant before occupation, or any prospective tenant within 28 days of a request from the prospective tenant; - where the report requires the landlord to carry out further investigative or remedial work, undertake such further investigative or remedial work within 28 days or within such lesser time period as specified in the report; - obtain and supply written confirmation of completion of such further investigative or remedial work to the tenant and local housing authority. ## Enforcement The Regulations have provision for remediation notices to be served on landlords by local housing authorities where they have reasonable grounds to believe that the landlord is in breach of their duties under the Regulations. Where a notice is served, the landlord has 28 days to remedy the breach and where this is not carried out the local housing authority can carry out the works and seek the costs from the landlord. The Regulations provide for an appeal mechanism and there is an exemption for landlords that can demonstrate that they have taken all reasonable steps to comply with their duties e.g. unable to gain access to the property by the tenant. The penalty for breach can be imposed by the local housing authority but must not exceed £30,000. ## Housing Act 2004 safety duties The Regulations make amendments to Schedule 4 of the Housing Act 2004 imposing new mandatory conditions in respect of electrical safety standards. These must be included in a licence under Part 2 or 3 of the Act. if you require health and safety advice, [please contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Health and Safety **Tags:** electricity, Health and Safety, landlord, lease, safety, tenant --- ### [Fatal incident investigation](https://ashbrookeconsultants.co.uk/health-and-safety/fatal-incident-investigation/) **Published:** August 10, 2022 **Author:** Administrator **Content:** A fatal incident investigation has been launched by the [Health and Safety Executive (HSE)](https://www.hse.gov.uk/) into the death of a 27-year-old worker at a steelworks in Scunthorpe. The incident happened on Saturday 16 July at a business premises on Brigg Road, Scunthorpe. Emergency services responded to reports of a fall from height and the worker was pronounced dead at the scene. After initial enquiries were made by the HSE and [Humberside Police](https://www.humberside.police.uk/), it was established that the HSE will lead the investigation into the circumstances of the incident. ## Fatal incident > *“Our thoughts are with the family of the person who died. We are determined to understand the full facts of what happened on Saturday. Doing so may take time, but we will remain in close contact with the family.”* > > Jane Fox, [HSE](https://www.hse.gov.uk/index.htm "HSE") principal inspector ![fatal incident](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/pexels-corentin-detry-6361841-1024x819.jpg)The HSE has a protocol in place with police regarding the investigation of workplace fatalities such as this fatal incident – [Work-related Deaths: A Protocol for Liaison](https://www.hse.gov.uk/pubns/wrdp1.pdf). The document sets out how workplace related deaths are investigated and importantly by which organisation. The Protocol is a high-level document which is supported by, and should be read in conjunction with, the [Work-related Deaths Protocol Practical Guide](https://www.hse.gov.uk/pubns/wrdp2.pdf) which sets out a straightforward step-by-step approach to the joint investigation of work-related deaths. The purpose of the protocol and supporting guide is to ensure effective joint investigation of work-related deaths in England and Wales. Since its introduction in 1998, the protocol has become a tried and tested approach to effective liaison between the signatory organisations when investigating a work-related death. By signing the protocol, signatories confirm their commitment to the joint investigation approach, appreciating that the public want to be confident that those investigating work-related deaths are doing all that they can to co-ordinate activities, and to cooperate with each other in the best interests of public safety and of those affected by work-related deaths. If you require advice on health and safety in your workplace, [please contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Health and Safety **Tags:** Health and Safety, HSE, risk, safety, working at height --- ### [New Environmental Strategy Published](https://ashbrookeconsultants.co.uk/environment/new-environmental-strategy-published/) **Published:** September 22, 2022 **Author:** Administrator **Excerpt:** A new environmental strategy has been published by the newly established Office for Environmental Protection (OEP) detailing its mission, objectives and functions. **Content:** A new environmental strategy has been published by the newly established [Office for Environmental Protection (OEP)](https://www.theoep.org.uk/) detailing its mission, objectives and functions. **What is the OEP** The OEP was established by the [Environment Act 2021](https://www.legislation.gov.uk/ukpga/2021/30/contents/enacted). It is an independent public body, with powers to advise ministers and government departments and to hold them and other public authorities to account against their environmental responsibilities and the law. The new body’s independence is protected in law. The OEP’s work covers England and Northern Ireland, and environmental matters reserved to the UK government. This includes matters in the marine [environment](https://ashbrookeconsultants.co.uk/environmental-case-study/) where these are dealt with in environmental law or government targets and EIPs. The OEP is funded by the [Department for Environment, Food and Rural Affairs (Defra)](https://www.gov.uk/government/organisations/department-for-environment-food-rural-affairs) in England and the [Department of Agriculture, Environment and Rural Affairs (DAERA)](https://www.daera-ni.gov.uk/) in Northern Ireland, who oversee the use of public money. Defra and DAERA ministers are accountable in Parliament and the Northern Ireland Assembly for this, along with the OEP’s work. The body will publish a corporate plan each business year, setting out the resources it has available, and how it plans to make the best use of them through its activities and programmes. Whilst the OEP is a new organisation and relatively small, it intends to act strategically and make hard choices about how it will make the most difference for the environment. ![New environmental strategy published](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/Poppy_Grass-1024x768.jpg)The organisation will publish an annual report to demonstrate how it has used its resources, and what it has achieved during the year. This will include an assessment of whether it has been provided with sufficient sums to carry out its functions effectively. **The New Environmental Strategy** The new environmental strategy sets out how its [work will contribute to improvement in the natural](https://ashbrookeconsultants.co.uk/agriculture/urgent-need-to-work-with-nature/) environment and environmental protection, including the protection of people from the effects of human activity on the environment. This is the OEP’s first strategy, and the organisation has committed to reviewing it within the first 18 months of its adoption. The strategy sets out how the OEP will pursue its strategic objectives, ambitions, and the approaches it will take to achieve them. It sets out four objectives: 1. Government is held to account for delivery of environmental goals and targets, and its plans for environmental improvement 2. The environment is protected and improved, and people are protected from the effects of human activity on the natural environment, through better design and implementation of environmental laws 3. Government and other public authorities abide by environmental law so it can protect people and protect and improve the environment as intended 4. We are effective and efficient, with the authority, relationships, expertise, and voice to play our full part in national environmental governance The strategy document sets out how the OEP will work, how it will deliver each of its four main functions, prioritise its activities, and work with others. The publication also sets out the organisation’s approach towards acting objectively, impartially, proportionately, and transparently. The strategy also includes the body’s enforcement policy and provides detailed information about the way it will exercise this function. The full strategy is available on the [OEP’s website](https://www.theoep.org.uk/strategy-and-enforcement-policy). If you need environmental support or advice for your business, [please contact one of the Ashbrook Team.](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us") **Categories:** Environment **Tags:** environment --- ### [Leading Health and Safety at Work](https://ashbrookeconsultants.co.uk/health-and-safety/leading-health-safety-at-work/) **Published:** July 26, 2022 **Author:** Administrator **Content:** Company directors and Boards have a duty to provide leadership within their organisations for health and safety management. The Health and Safety Executive (HSE) has published a guide for directors which provides advice on the effective leadership of health and safety. [indg417-Directors](https://www.ashbrookeconsultants.co.uk/wp-content/uploads/2022/07/indg417-Directors.pdf) ![Health and Safety](https://ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/architecture-structure-wood-floor-building-ceiling-9341-pxhere.com_-1-1024x683.jpg)Boardroom leadership in health and safety management **Categories:** Health and Safety **Tags:** boardroom, directors, Health and Safety, leadership --- ### [Fire Safety Guidance in Construction](https://ashbrookeconsultants.co.uk/health-and-safety/fire-safety/) **Published:** July 28, 2022 **Author:** Administrator **Content:** Every year many construction site workers are killed or injured because of their work, and many others suffer serious ill health. The hazards are not, however, restricted to people working on sites. Children and other members of the public are also killed or injured because construction activities have not been adequately controlled. The construction industry’s performance has steadily improved, but the rates of death, serious injury and ill health are still among the highest of all industries. Fire [safety is a key risk that construction](https://ashbrookeconsultants.co.uk/health-and-safety/construction-site-safety/) operations need to manage and control. The [Health and Safety Executive (HSE)](https://www.hse.gov.uk/index.htm) has updated its guidance on fire safety in construction HSG168. The third edition of the guidance was published this month and explains how everyone involved in construction projects can comply with their legal duties relating to fire risks. It is aimed at all those who procure, design, develop and manage construction sites, including clients and designers – it is relevant to all construction projects. ![fire safety in construction](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/07/working-structure-fall-building-beam-steel-575988-pxhere.com_-702x1024.jpg) The main changes to this guidance relate to elimination, and or, reduction of fire risks at the pre-construction stage as required by the [Construction (Design and Management) Regulations 2015](https://www.legislation.gov.uk/uksi/2015/51/made). The HSE has also added a glossary. Each year there are estimated to be hundreds of fires on construction sites, potentially putting the lives of workers and members of the public at risk. Fire safety in construction is about eliminating fire risks during the design phase (where practicable), preventing fires from starting and ensuring people’s safety if they do. This guidance does not reference the findings of the Grenfell Tower fire in 2017 because the fire did not occur while the building was being renovated or constructed. The [HSG168 guide](https://www.hse.gov.uk/pubns/priced/hsg168.pdf) is available free of charge on the HSE website. If you require advice for your construction project, please[ contact one of the Ashbrooke team.](https://ashbrookeconsultants.co.uk/contact-us/) **Categories:** Health and Safety **Tags:** Construction, Fire Safety, Health and Safety --- ### [Agency downgrading pollution prosecutions](https://ashbrookeconsultants.co.uk/agriculture/agency-has-downgraded-pollution-prosecutions/) **Published:** August 2, 2022 **Author:** Administrator **Content:** The [Guardian](https://www.theguardian.com/environment/2022/mar/02/environment-agency-england-downgrading-prosecutions-serious-pollution-leaked-report) has reported that England’s [Environment Agency](https://www.gov.uk/government/organisations/environment-agency) has downgraded 93% of pollution prosecutions for serious incidents over four years, despite recommendations from frontline staff for the perpetrators to face the highest sanction according to a leaked report seen by the paper’s reporters. ![Agency downgrading pollution prosecutions](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/pexels-yogendra-singh-2480797-1024x679.jpg)93% of serious pollution prosecutions over 4 years may have been downgraded (stock image)The EA receives over 100,000 incident reports a year, every one of which is recorded and assessed. Of 495 serious pollution investigations which were recommended for prosecution only 35 cases were taken forward to prosecution. A spokesperson for the Environment Agency said the regulator does not comment on leaked documents. However, they said it does: *“consider, record and prioritise all incidents – with all breaches and offences reported to us undergoing a robust initial assessment. We have a wide range of enforcement options, including civil sanctions, [enforcement undertakings](https://ashbrookeconsultants.co.uk/environment/raw-sewage-enforcement-undertaking/), and in some circumstances, advice and guidance. Where prosecution is appropriate, we pursue robustly and in accordance with the Code for Crown Prosecutors, which sets out that the evidence must provide a realistic prospect of securing a conviction and that a prosecution is in the public interest. Over 90% of our prosecutions are successful, and recent outcomes such as the £90m fine of Southern Water Services show a clear and welcome trend towards much bigger fines against offenders in appropriate cases.”* If you require environmental advice, [please contact one of the Ashbrooke team.](https://ashbrookeconsultants.co.uk/contact-us/) **Categories:** Agriculture, Environment, Prosecutions **Tags:** environment, Environment Agency, pollution, prosecutions --- ### [The Evolution and Importance of Corporate Governance in the UK](https://ashbrookeconsultants.co.uk/governance/the-evolution-and-importance-of-corporate-governance-in-the-uk/) **Published:** June 30, 2024 **Author:** Administrator **Excerpt:** Corporate governance in the United Kingdom has undergone significant evolution and refinement, especially in recent years. The UK Corporate Governance Code, which sets the standards of good practice in relation to board leadership and effectiveness, remuneration, accountability, and relations with shareholders, is a testament to the UK's commitment to maintaining the highest standards of corporate governance. **Content:** The importance of Corporate governance in the United Kingdom has undergone significant evolution and refinement, especially in recent years. The [UK Corporate Governance Code](https://www.frc.org.uk/library/standards-codes-policy/corporate-governance/uk-corporate-governance-code/), which sets the standards of good practice in relation to board leadership and effectiveness, remuneration, accountability, and relations with shareholders, is a testament to the UK’s commitment to maintaining the highest standards of corporate governance. The 2018 Corporate Governance Code was updated in January 2024, following a limited consultation that focused on a number of changes. This updated 2024 Code, which applies to financial years beginning on or after 1 January 2025, reflects the UK’s adaptive approach to corporate governance, ensuring that the framework remains relevant and continues to foster an environment of trust, transparency, and accountability. The 2024 Code is separated into five sections: Board Leadership and Company Purpose; Division of Responsibilities; Composition, Succession and Evaluation; Audit, Risk and Internal Control; and Remuneration, and it operates on a ‘comply or explain’ basis. This edition of the Code includes a small number of changes from the 2018 Code. Provision 29 now asks boards to make a declaration in relation to the effectiveness of their material internal controls. A new Principle has been included to encourage companies to report on outcomes and activities. A number of provisions have been removed related to Audit Committees as these provisions are now within the Audit Committees and the External Audit: Minimum Standard. ![Importance of Corporate Governance](https://ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/cropped-drew-beamer-9uX5cX1l3bw-unsplash-scaled-1-1024x614.jpg)One of the key aspects of the UK’s [corporate governance](https://ashbrookeconsultants.co.uk/compliance/can-too-much-corporate-governance-stifle-smes/) model is the ‘comply or explain’ approach. This principle requires companies to either comply with the code or explain why they have not, which allows for flexibility and acknowledges that there may be legitimate reasons for non-compliance in certain circumstances. This approach has been influential and is considered a hallmark of the UK’s corporate governance system. The [Financial Reporting Council (FRC)](https://www.frc.org.uk/) plays a pivotal role in maintaining and updating the UK Corporate Governance Code. The FRC’s efforts to strengthen the code, particularly in response to the government’s consultation on Restoring Trust in Audit and Corporate Governance in 2022, demonstrate a proactive stance in enhancing the quality of [risk management](https://ashbrookeconsultants.co.uk/governance/risk-management-in-the-uk/), internal controls, and the board’s consideration of corporate governance activities to achieve strategic objectives. The latest revisions to the code include a new principle encouraging companies to report on outcomes and activities, and a provision asking boards to make a declaration regarding the effectiveness of their material internal controls. These changes underscore the importance of not just having a set of rules but also ensuring that these rules lead to tangible outcomes that enhance corporate governance practices. Corporate governance is not just a concern for large, publicly traded companies; it is relevant for all businesses. While the UK [Corporate Governance Code is specifically applicable to companies](https://ashbrookeconsultants.co.uk/compliance/investing-in-corporate-governance-adds-value-to-the-bottom-line-and-improves-resilience-in-uncertain-times/) with a premium listing on the London Stock Exchange, many other companies choose to follow the code voluntarily. Moreover, large private companies are required to disclose their corporate governance arrangements under The [Companies (Miscellaneous Reporting) Regulations 2018](https://www.legislation.gov.uk/ukdsi/2018/9780111170298). The focus on the importance of corporate governance in the UK reflects a broader global trend towards greater transparency, accountability, and sustainability in business practices. As companies face increasing scrutiny from investors, regulators, and the public, the UK’s corporate governance framework serves as a model for balancing the interests of various stakeholders and ensuring long-term, sustainable success. For more detailed information on the UK Corporate Governance Code and its application, readers can refer to the resources provided by the FRC. The evolution of corporate governance in the UK is a clear indicator of the country’s dedication to fostering robust business practices that not only promote financial stability but also contribute to more inclusive societies. The UK Corporate Governance Code serves as a benchmark for corporate governance standards in the UK, emphasizing the importance of good practices in board leadership and company purpose, division of responsibilities, composition, succession and evaluation, audit, risk and internal control, and remuneration. The Code operates on a ‘comply or explain’ basis, which allows companies the flexibility to deviate from the Code’s provisions, provided they offer a transparent explanation for doing so. ## Key principles of the UK Corporate Governance Code 1. Board Leadership and Company Purpose: The board should promote the purpose of the company, ensure that the company’s values and strategy are aligned with its culture, and meet its responsibilities to shareholders and stakeholders alike. 2. Division of Responsibilities: There should be a clear division of responsibilities at the head of the company, ensuring a balance of authority and no individual has unfettered powers. 3. Composition, Succession, and Evaluation: Boards should be composed of an effective combination of skills, experience, independence, and knowledge of the company to enable them to discharge their duties and responsibilities effectively. 4. Audit, Risk, and Internal Control: The board should present a fair, balanced, and understandable assessment of the company’s position and prospects and maintain a sound system of [risk management](https://ashbrookeconsultants.co.uk/risk-management-case-study/) and internal control. 5. Remuneration: Executive remuneration should be aligned to the long-term success of the company and its values, and should be designed to promote effective risk management. These principles are designed to foster trust and transparency between companies and their stakeholders, ensuring the long-term sustainability and success of businesses within the UK’s market economy. For a more comprehensive understanding of the Code and its provisions, the Financial Reporting Council’s official documentation provides detailed guidance. The ‘comply or explain’ approach is a cornerstone of the UK Corporate Governance Code, offering flexibility and promoting transparency in how companies apply the principles of the code. This approach allows companies to either adhere to the code’s provisions or, if they do not, to provide a clear explanation for their non-compliance. ## How companies typically comply with the code This is how companies typically comply with the code: 1. Adherence to Provisions: Companies start by striving to comply with the provisions of the code as closely as possible. This involves aligning their corporate governance practices with the recommendations set out in the code. 2. Disclosure: If a company chooses not to follow a specific provision, it must disclose this fact in its annual report and accounts. The disclosure is not merely a statement of non-compliance but should include a reasoned explanation. 3. Explanation of Non-Compliance: The explanation should provide shareholders with a clear understanding of why the company has chosen a different path. This might include describing the context, the specific circumstances of the company, and how alternative measures are consistent with the overarching principles of the code. 4. Engagement with Shareholders: Companies often engage with their shareholders to discuss governance arrangements, especially when deviating from the code’s provisions. This engagement is crucial for maintaining shareholder trust and support. 5. Review and Monitoring: Companies regularly review their governance practices against the code’s provisions. This ongoing process helps ensure that their practices remain appropriate and effective over time. 6. Reporting Outcomes: The updated 2024 Code encourages companies to report on outcomes and activities, which means that companies are expected to provide insights into how their governance practices have impacted their performance and strategy. The ‘comply or explain’ approach is not about rigidly following rules but about ensuring that companies have governance frameworks that are most effective for their particular circumstances. It recognizes that one size does not fit all and that companies can be successful with different governance models, provided they are transparent about their practices and the reasons for any deviations from the standard code. For more detailed insights into how companies apply the ‘comply or explain’ approach, the Financial Reporting Council’s website offers a wealth of information and guidance. ## Example An ‘explain’ statement is a key feature of the UK Corporate Governance Code’s ‘comply or explain’ approach. It allows a company to articulate its reasons for deviating from a specific provision of the Code. Here is a hypothetical example of what such a statement might look like: *To our shareholders,* *In accordance with the UK Corporate Governance Code, we present our ‘explain’ statement concerning our deviation from Provision 18, which relates to the composition of the Audit Committee.* *As per the Code, the Audit Committee should comprise at least three independent non-executive directors. However, our company has appointed only two independent non-executive directors to this committee during the reported period.* *The decision to operate with a smaller Audit Committee was made in the context of our company’s current stage of development and the specific challenges we faced over the past year. Given the specialized nature of our industry and the scarcity of individuals with the requisite expertise, we found it challenging to recruit additional directors who met the independence criteria without compromising the necessary industry experience.* *We believe that the current members of the Audit Committee possess a deep understanding of the sector and the complex financial mechanisms relevant to our business. Their expertise has been invaluable in navigating the intricate issues we encountered, which were exacerbated by the unique economic pressures of the past year.* *We have taken measures to mitigate the risks associated with having fewer members on the Audit Committee. These include the implementation of additional oversight mechanisms and the engagement of external advisors to assist the committee in its duties.* *Our commitment to good corporate governance remains steadfast, and we continue to seek qualified candidates to expand the Audit Committee. We anticipate resolving this deviation from the Code’s provisions in the upcoming financial year.* *We appreciate our shareholders’ understanding and are open to engaging further on this matter.* This example illustrates how a company might explain its reasons for not complying with a particular provision of the Code. The statement provides context, justifies the company’s decision, outlines the mitigating actions taken, and indicates a commitment to aligning with the Code’s provisions in the future. It’s important to note that each ‘explain’ statement will be unique to the company’s circumstances and should be crafted to provide shareholders with a clear and comprehensive understanding of the situation. ## Importance of Corporate Governance and the Shareholders’ Response Shareholders’ responses to ‘explain’ statements in the context of the UK Corporate Governance Code can vary, but they generally expect clear and rational explanations for any deviations from the code. The ‘comply or explain’ approach is designed to foster an environment of transparency and accountability, allowing shareholders to understand the reasons behind a company’s governance choices. When a company provides an ‘explain’ statement, shareholders typically: - Evaluate the Explanation: Shareholders assess the explanation provided to determine if it is reasonable and justifiable given the company’s specific circumstances. - Engage in Constructive Dialogue: Investors may engage in discussions with the company to better understand their governance practices and the rationale behind not complying with certain provisions of the code - Consider Company’s Individual Circumstances: Shareholders and their advisors are encouraged to consider the company’s unique situation when evaluating ‘explain’ statements, rather than adopting a one-size-fits-all approach to corporate governance. - Exercise Voting Rights: Shareholders may use their voting rights at annual general meetings to express their approval or disapproval of the company’s governance practices. - Seek Additional Information: If the explanation is not satisfactory, shareholders may request further information or clarification from the company’s board. - Monitor Company’s Performance: Shareholders often monitor the company’s performance to ensure that the alternative governance arrangements are effective and do not adversely affect the company’s long-term success. - Use Stewardship Code as a Guide: In line with the [UK Stewardship Code](https://www.frc.org.uk/library/standards-codes-policy/stewardship/uk-stewardship-code/), investors should engage constructively and discuss any departures from recommended practice with the company. It’s important to note that while some investors may accept well-reasoned explanations, others may view deviations from the code more critically, especially if they believe it could negatively impact the company’s performance or governance standards. In some cases, persistent non-compliance without satisfactory explanations can lead to shareholder activism or a loss of investor confidence. Ultimately, the effectiveness of the ‘comply or explain’ approach hinges on the quality of the explanations provided and the active engagement of shareholders in the governance process. Companies are encouraged to be as transparent and detailed as possible in their explanations to maintain trust and support from their investors. If you require advice on corporate governance, [contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/). **Categories:** Governance **Tags:** governance, Health and Safety, risk --- ### [Electric shock prosecutions](https://ashbrookeconsultants.co.uk/health-and-safety/electric-shock-prosecutions/) **Published:** November 7, 2022 **Author:** Administrator **Excerpt:** Ashbrooke Management Consultants consider recent electric shock prosecutions and the guidance that operators should observe to keep workers and others safe **Content:** Electric shock prosecutions by the [Health and Safety Executive (HSE)](https://www.hse.gov.uk/) highlight the dangers of working near overhead power cables. A construction company and two workers have been sentenced after a worker suffered an electric shock whilst working on a farm. On 30 September 2019 an employee of Connop and Son Limited was working on Worton Grounds Farm, Deddington, Banbury, Oxon and pouring concrete when the floating arm of a mobile concrete pump came into contact with an overhead powerline. As a result, the employee received an 11,000-volt shock which caused him to lose consciousness. His colleagues had to perform CPR to resuscitate him at the scene. The man was later taken to Oxford Hospital where he was in a coma for six days and hospitalised for 10 days. The [HSE](https://www.hse.gov.uk/index.htm "HSE") investigation found that Connop & Son Limited fell far below the expected standard and failed to implement its own control measures documented within its risk assessment. Therefore, the company did not meet the requirements of regulation 14 of the [Electricity at Work Regulations 1989.](https://www.legislation.gov.uk/uksi/1989/635/contents/made) The HSE investigation also found that Alexander Maddan, a sole trader, failed to plan, manage and monitor the construction phase and failed to ensure reasonably practicable control measures were in place. Additionally, Shaun Walker, a concrete pump operator, failed to take reasonable care for the [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/corporate-manslaughter-prosecution/) of himself and others who were affected by his acts or omissions. Connop and Son Limited, of Folly Farm, Eardisland, Leominster pleaded guilty to breaching regulation 14 of the Electricity at Work Regulations 1989. The company was fined £50,000 and ordered to pay costs of £5,425 plus a victim surcharge of £181 at Oxford Magistrates’ Court on 28 October 2022. Alexander Maddan, of Deddington, Banbury, Oxon pleaded guilty to breaching regulation 13 (1) of [Construction Design and Management Regulations 2015](https://www.legislation.gov.uk/uksi/2015/51/made). Mr Maddan was fined £3,000 and ordered to pay costs of £525 plus a victim surcharge of £181 at Oxford Magistrates’ Court on 28 October 2022. Shaun Walker, of Swinford Leys, Wombourne, Wolverhampton pleaded guilty to breaching section 7 of the [Health and Safety at Work Act](https://www.legislation.gov.uk/ukpga/1974/37). Mr Walker was handed a 12-month community order with a requirement to carry out 60 hours of unpaid work and ordered to pay costs of £2,000 plus a victim surcharge of £90 at Oxford Magistrates’ Court on 28 October 2022. > “Connop and Son Limited, Alexander Maddan and Shaun Walker could have ensured that the mobile concrete pump lorry was positioned outside an exclusion zone to prevent contact with the overhead powerline. > > “Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.” > > [HSE inspector](https://ashbrookeconsultants.co.uk/health-and-safety/hse-inspectors-refused-entry/) Steve Hull ![Electric shock prosecutions](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/07/electricity_pylon-1024x820.jpg)## Electric shock safety guidance Regulation 14 of the [Electricity at Work Regulations 1989, ](https://www.legislation.gov.uk/uksi/1989/635/contents/made)prohibits people working on or near any live conductor (other than one suitably covered with insulating material so as to prevent danger) that danger may arise unless– - it is unreasonable in all the circumstances for it to be dead; and - it is reasonable in all the circumstances for him to be at work on or near it while it is live; and - suitable precautions (including where necessary the provision of suitable protective equipment) are taken to prevent injury. Employers and the self-employed must take appropriate precautions to safeguard workers and others who may be impacted by their activities. Any work activity to be undertaken near electrical cables must be properly planned and risk assessed with risks eliminated or reduced as far as reasonably practicable. Accidental contact with live overhead power lines kills people and causes many serious injuries every year. People are also harmed when a person or object gets too close to a line and a flashover occurs. Work involving high vehicles or long equipment is particularly high risk, such as; In Construction – Lorry mounted cranes (such as Hiabs or Palingers), Mobile Elevated Work Platforms (MEWP’s), scaffold poles, tipper vehicles, cranes, ladders; In Agriculture – combines, sprayer booms, materials handlers, tipper vehicles, ladders, irrigation pipes, polytunnels; Those [working near](https://ashbrookeconsultants.co.uk/health-and-safety/engineer-tragically-died-working-near-river/) overhead powerlines should remember that: - going close to a live overhead line can result in a flashover that may kill. Touching a power line is not necessary for the danger to occur; - voltages lower than 230 volts can kill and injure people; - do not mistake overhead power lines on wooden poles for telephone wires; and - electricity can bypass wood, plastic or rubber, if it is damp or dirty, and cause fatal shocks. Do not rely on gloves or rubber boots to protect you. The HSE guidance note “[Avoiding danger from overhead power lines](https://www.hse.gov.uk/pubns/gs6.htm)” describes how to work safely near overhead power lines in a range of industries. ![Electric shock prosecutions](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/11/Overhead-Cables-Sign-225x300.jpg)## Planning Plan and manage work near electric overhead power lines so that risks from accidental contact or close proximity to the lines are adequately controlled. Safety precautions will depend on the nature of the work and will be essential even when work near the line is of short duration. Safety can be achieved by a combination of measures including: - Planning and preparation - Eliminating the danger - Controlling the access - Controlling the work ## Planning and preparation The first step is to find out whether there is any overhead power line within or immediately next to the work area, or across any access route. Information will be available from the local electricity supplier or Distribution Network Operator (DNO). If any overhead lines are found, you should assume that they are live unless proved otherwise by their owners. If there are any overhead lines over the work area, near the site boundaries, or over access roads to the work area, consult the owners of the lines so that the proposed plan of work can be discussed. Allow sufficient time for lines to be diverted or made dead, or for other precautions to be taken. ## Eliminating the danger You can eliminate the danger by: - **Avoidance** – find out if the work really has to be carried out under or near overhead lines, and cannot be done somewhere else. Make sure materials (such as bales or spoil) are not placed near overhead lines, and temporary structures (such as polytunnels) are erected outside safe clearance distances; - **Diversion** – arrange for overhead lines to be diverted away from the work area; or Isolation – arrange for lines to be made dead while the work is being done. In some cases you may need to use a suitable combination of these measures, particularly where overhead lines pass over permanent work areas. If the danger cannot be eliminated, you should manage the risk by controlling access to, and work beneath, overhead power lines. ## Controlling the access Where there is no scheduled work or requirement for access under the lines, barriers should be erected at the correct clearance distance away from the line to prevent close approach. The safe clearance distance should be ascertained from the Distribution Network Operator (DNO). HSE guidance documents [Avoidance of danger from overhead electric power lines](https://www.hse.gov.uk/pubns/gs6.pdf) and [Electricity at Work: Forestry and Arboriculture](https://www.hse.gov.uk/electricity/information/agriculture.htm) also provide advice on safe clearance distances and how barriers should be constructed. Where there is a requirement to pass beneath the lines, defined passageways should be made and clearly delineated. The danger area should be made as small as possible by restricting the width of the passageway to the minimum needed for the safe crossing of plant. The passageway should cross the route of the overhead line at right angles if possible. ## Controlling the work If work beneath live overhead power lines cannot be avoided, barriers, goal posts and warning notices should be provided. Where field work is taking place, it may be impractical to erect barriers and goal posts around the overhead lines – these are more appropriate for use at gateways, on tracks and at access points to farmyards. The following precautions may also be needed to manage the risk: - **Clearance** – the safe clearance required beneath the overhead lines should be found by contacting the Distribution Network Operator (DNO); - **Exclusion** – vehicles, plant, machinery, equipment, or materials that could reach beyond the [safe clearance distance should not be taken near](https://ashbrookeconsultants.co.uk/agriculture/staying-safe-near-cattle/) the line; - **Modifications** – Vehicles such as cranes, excavators and tele-handlers should be modified by the addition of suitable physical restraints so that they cannot reach beyond the safe clearance distances, measures should be put in place to ensure these restraints are effective and cannot be altered or tampered with; - **Maintenance** – operators of high machinery should be instructed not carry out any work on top of the machinery near overhead power lines; - **Supervision** – access for plant and materials and the working of plant should be under the direct supervision of a suitable person appointed to ensure that safety precautions are observed. ## What to do if you come into contact with an OHPL - If part of a vehicle or load is in contact with an OHPL, you should remain in the cab and inform the Distribution Network Operator (DNO) immediately (stick the number in a visible place in the cab and keep it on your mobile phone). - Warn others to stay away. - Try to drive clear. If this is not possible, and you need to leave the vehicle to escape fire, JUMP CLEAR – do not dismount by climbing down the steps. - Never try to disentangle equipment until the owner of the line has confirmed that it has been de-energised and made safe. Contact with an overhead power line may cause the power to ‘trip out’ temporarily and it may be re-energised automatically, without warning. Your local Distribution Network Operator (DNO) can generally supply stickers describing emergency procedures and containing contact numbers that can be stuck in the cabs of vehicles likely to be used near overhead power lines. The leaflet called [Safe working near overhead power lines in agriculture](https://www.hse.gov.uk/pubns/ais8.pdf) and the Electricity Networks Association (ENA) publications [Safety Information for Farmers and Agricultural Contractors](https://www.energynetworks.org/industry-hub/resource-library/farmers-and-agricultural-contractors-safety-advice.pdf) and Watch It! In the Vicinity of Overhead Lines provide advice on what to do if machinery or equipment comes into contact with an overhead power line. If you require health and safety advice for your business, please [contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Health and Safety, Prosecutions **Tags:** electricity, Health and Safety, prosecutions, risk, safety --- ### [Peanut allergy breach](https://ashbrookeconsultants.co.uk/food-safety/peanut-allergy-breach/) **Published:** October 27, 2022 **Author:** Administrator **Excerpt:** Ashbrooke Management Consultants consider a recent peanut allergy breach prosecution by Newcastle City Council and the guidance for takeaway businesses **Content:** A restaurant worker has been fined for a peanut allergy breach. The worker who served peanuts to a woman with a peanut allergy putting her in hospital on her 18th birthday was fined in court. Eleanor Lincoln ate the takeaway, a chicken tikka masala, at home as part of a family birthday celebration. But very quickly she went into anaphylactic shock and had to be treated by her mum with adrenalin via an Epi pen before being taken to hospital by ambulance. Doctors at the Royal Victoria Infirmary in Newcastle had to administer Miss Lincoln, who was struggling to breathe, with steroids. She was kept in hospital overnight for observation but discharged the next day. Newcastle City Council’s [Environmental Health Team](https://www.newcastle.gov.uk/services/environment-and-waste/environmental-health-and-pollution) launched an investigation into the incident. Inspectors found that when the order was made in March 2021, during lockdown in the pandemic, the family specifically asked for no peanuts, but staff missed the crucial information. Peanut and almond protein were found in the meal. The Council charged the food business operator, Samir Najeeb, of Khan’s Restaurant, Heaton Road, Newcastle, with two breaches, one under the [Food Safety and Hygiene Regulations 2013](https://www.legislation.gov.uk/uksi/2013/2996/contents/made) and one under the [Food Safety Act 1990](https://www.legislation.gov.uk/ukpga/1990/16/contents). He pleaded not guilty to both charges but was found guilty of the Food Hygiene Regulations charge. The charge under the [Food Safety](https://ashbrookeconsultants.co.uk/agriculture/hello-world-2/) Act was dismissed by the court. Najeeb was fined £450 with £3,000 in costs at Newcastle Magistrates Court. Council cabinet member for a Dynamic City, Councillor Irim Ali, who has responsibility for regulation, said: “People have died from food allergies and contaminated food from takeaways and restaurants. I can’t emphasise enough the seriousness of this case. Thankfully Eleanor is fit and well now. The case highlights the need for very strict management of food orders and great care needed when serving food. There is no room for complacency or error. The public must be confident that businesses are safe and take no risk with their safety. We are committed to supporting businesses with training and help but will hold those to account that put lives at risk.” Miss Lincoln has fully recovered from her ordeal and is now at university. ![Peanut allergy breach ](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/10/pexels-eren-li-7241492-1024x683.jpg)Photo by Eren LiThe case highlights the importance of food establishments having robust [food safety](https://ashbrookeconsultants.co.uk/food-safety/) management systems in place and staff being trained in allergen management. It also underlines the importance of understanding customer requests for allergen free meals, the general importance of allergen awareness to food operators and customers. An estimated 1-2% of adults and 5-8% of children in the UK have a food allergy which is around 2 million people. Nut allergies affect approximately 1 in 50 children and around 1 in 200 adults in the UK. In September 2021, a joint health promotion programme was undertaken with both Newcastle and Northumbria Universities and North East Ambulance Service, aimed at new students coming to live in the city and visiting the city’s many and varied food establishments. The promotional event urged takeaway lovers to be more allergy aware. # Allergy Awareness Top Tips The majority of the allergy reports relate to 17 to 30-year-olds ordering takeaways or food in bars and nightclubs, and so organisations are working together to offer top tips to students to keep themselves and others safe: - Be allergy aware – Find out if anyone in the group you are ordering for has a food allergy. - Speak to the restaurant every time – If ordering by app, do not rely on the in-app messaging service. Call the restaurant directly and make sure they understand the allergy. Remember to ask, even when ordering the usual, because the recipe, ingredients, chef or kitchen staff may have changed. - Be clear – Give examples of food that could cause a reaction and be clear about the allergy. - Ask the restaurant to label the allergy-safe meal – Make sure the container will be labelled so that it is clear when the meal arrives and there is no risk of cross-contamination. - Follow your instincts – If the person you are ordering from does not understand the allergy or intolerance, ask to speak to the manager. If you still do not feel confident, consider ordering elsewhere. - Do not feel embarrassed – There is no need to feel awkward asking about an allergy. Food business are legally required to make allergen information available when you order and when the food is delivered. # Allergy Guidance The [Food Standards Agency](https://www.food.gov.uk/) (FSA) publishes guidance for food businesses on allergy safeguards and controls. Food business operators in the retail and catering sector are required to provide allergen information and follow labelling rules as set out in [food law](https://ashbrookeconsultants.co.uk/food-safety/food-law-code-consultation/) (Opens in a new window). This means that food business operators must: - provide allergen information to the consumer for both prepacked and non-prepacked food [and drink](https://ashbrookeconsultants.co.uk/agriculture/national-food-strategy-published/) - handle and manage food allergens effectively in food preparation. Food businesses must make sure that staff receive training on allergens. Staff can complete the FSA’s [free food allergy training](https://www.food.gov.uk/business-guidance/allergy-training-for-food-businesses). Managers can also share the FSA’s [allergen checklist](https://www.food.gov.uk/business-guidance/allergen-checklist-for-food-businesses) with staff for tips on food allergy best-practice. The FSA also has separate guidance for [food manufacturers](https://www.food.gov.uk/business-guidance/allergen-labelling-for-food-manufacturers) and [institutional caterers](https://www.food.gov.uk/business-guidance/allergen-guidance-for-institutional-caterers) such as schools and care homes. # Allergens Food businesses need to tell customers if any food they provide contain any of the listed allergens as an ingredient. Consumers may be allergic or have intolerance to other ingredients, but only the 14 allergens are required to be declared as allergens by food law. The 14 allergens are: - celery - cereals containing gluten (such as barley and oats) - crustaceans (such as prawns, crabs and lobsters) - eggs - fish - lupin - milk - molluscs (such as mussels and oysters) - mustard - peanuts - sesame - soybeans - sulphur dioxide and sulphites (if the sulphur dioxide and sulphites are at a concentration of more than ten parts per million) and - tree nuts (such as almonds, hazelnuts, walnuts, brazil nuts, cashews, pecans, pistachios and macadamia nuts). This also applies to additives, processing aids and any other substances which are present in the final product. # Allergen labelling There are a number of ways in which allergen information can be provided to your customers. You will need to choose the method which is best for your business and the type of food you serve. Prepacked foods refer to any food put into packaging before being placed on sale, while non-prepacked food (loose food) is unpackaged food. Different allergen labelling rules apply depending on how the food is provided. The FSA has published [technical guidance](https://www.gov.uk/government/publications/food-allergy-and-intolerance-advice-for-consumers/food-allergy-and-intolerance-advice-for-consumers) which provides a detailed explanation of the labelling requirements for each food type. If your business needs food safety advice, please [contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Food Safety **Tags:** allergies, Food safety, prosecution --- ### [£1.2m fine for water company](https://ashbrookeconsultants.co.uk/environment/1-2m-fine-for-water-company/) **Published:** October 21, 2022 **Author:** Administrator **Excerpt:** £1.2m fine for water company, Anglian Water following Environment Agency prosecution. Anglian Water has been hit with fines totalling £1,221,000 after it admitted to causing pollution incidents in two separate court cases this week. **Content:** £1.2m fine for water company, Anglian Water following Environment Agency prosecution. [Anglian Water](https://www.anglianwater.co.uk/) has been hit with fines totalling £1,221,000 after it admitted to causing pollution incidents in two separate court cases this week. The water company was ordered to pay £871,000 after a catalogue of system and maintenance failures caused several incidents of pollution across Cambridgeshire, Buckinghamshire, and Northamptonshire across a five-month spell, between May and September 2019. The list of process failures included reporting delays, faulty screening and a general breakdown in planning and maintenance, all of which caused damaging blockages and pollution. After one particular incident, a subsequent biological survey showed dead aquatic invertebrates for 1,500 metres. The court also heard how at one site an unchecked build-up of ‘unflushables’ such as cotton buds and sanitary pads caused a blockage resulting in discharge of settled sludge into the treated sewage. The site was originally fitted with a screen to prevent blockages in the process but was removed in 2018. The court heard that increased cleaning had not taken place and no steps taken to reduce the risk of blockages caused by the removal of the screen. The water company was also ordered to pay £37,605.13 in costs at Loughborough Magistrates Court on 12 September 2022. ![£1.2m fine for water company](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/07/beach-sea-coast-sand-plastic-environment-758917-pxhere.com_-1024x768.jpg)Big fines for water companies causing pollutionIn a separate court case, heard at Cambridge Magistrates Court, Anglian Water was sentenced to pay £350,000 after a pumped sewer at Bourn Brook at Caldecott, Cambridgeshire, burst for the sixth time in several years. Officers visiting the site in September 2019 found ammonia and low oxygen levels in the water, posing a potential risk to wildlife at the site. Despite efforts from Anglian Water to stop the polluted water from spreading, its methods proved insufficient and a total of 4km of the watercourse was affected for at least five days. Since 2004 the sewer, which is only 1.5km long, had burst 6 times. The court found that Anglian Water had been too slow in putting in place potential mitigation measures. They only located air valves, designed to reduce stress on the sewer, after the incident took place. These valves had been in place for at least 25 years. Anglian Water pleaded guilty to causing poisonous, noxious, or polluting matter to enter inland freshwaters without an [environmental permit](https://ashbrookeconsultants.co.uk/environment/environmental-permitting/), and were told to pay £28,025.66 in costs as well as a victim surcharge of £181. > “Serious pollution is a serious crime and I welcome these sentences from the courts. > > “The [Environment Agency](https://www.gov.uk/government/organisations/environment-agency "Environment Agency") will pursue any water company that fails to uphold the law or protect nature, and will continue to press for the strongest possible penalties for those which do not.” > > Sir James Bevan, Chief Executive of the Environment Agency If you require environmental advice or support for your business, [please contact one of the Ashbrooke team.](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us") **Categories:** Environment, Prosecutions **Tags:** environment, Environment Agency, pollution, prosecutions, river --- ### [Bonfire prosecution](https://ashbrookeconsultants.co.uk/health-and-safety/bonfire-prosecution/) **Published:** October 21, 2022 **Author:** Administrator **Excerpt:** A bonfire prosecution of a Kent groundwork contractor has resulted in the company being fined. A petrol fire resulted in injuries to an employee when petrol was thrown on a bonfire **Content:** A bonfire prosecution of a Kent groundwork contractor has resulted in the company being fined. A petrol fire resulted in injuries to an employee when petrol was thrown on a bonfire. On 24 June 2020, a 26-year-old groundworker employed by Kent County Surfacing Limited was working on a new residential development in Ramsgate, Kent when a co-worker used petrol on a bonfire. The groundworker was unaware of this and after he was instructed to light the bonfire, it engulfed him in flames as the petrol vapour ignited. The worker suffered serious burns and underwent two skin graft operations to his left hand, left arm, left side of torso and both his legs. Groundworkers help prepare a [construction site](https://ashbrookeconsultants.co.uk/health-and-safety/construction-site-safety/) and ensure it is ready for the structural work to start. An investigation by the [Health and Safety Executive (HSE)](https://www.hse.gov.uk/) found the company had failed to appropriately supervise their operatives and failed to provide them with the appropriate information and instruction, so far as is reasonably practicable to ensure work was carried out without risks to health or safety. ![Bonfire prosecution](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/000_0756.jpg)Does your workplace have fire safety precautions in place?At Folkestone Magistrates on 10 October, Kent County Surfacing Ltd of 7 Mariners View, Deal, Kent, pleaded guilty to breaching Regulations 15 (8) of the [Construction (Design & Management) Regulations 2015](https://www.legislation.gov.uk/uksi/2015/51/contents/made). They were fined £10,000 and ordered to pay costs of £7,333.42. > “The operative’s injuries are life changing and could have easily been fatal. > > “This serious incident and devastation should have been avoided if those in control of the work provided the appropriate supervision, information and instructions to their workers.” > > HSE inspector Ross Carter If you require advice on health and safety in your workplace, please [contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Health and Safety, Prosecutions **Tags:** Fire Safety, Health and Safety, prosecutions --- ### [Uninsured employer prosecuted](https://ashbrookeconsultants.co.uk/health-and-safety/uninsured-employer-prosecuted/) **Published:** October 21, 2022 **Author:** Administrator **Excerpt:** An uninsured employer prosecuted for failing to have appropriate insurance in place has been fined by Luton Magistrates Court.  **Content:** An uninsured employer prosecuted for failing to have appropriate insurance in place has been fined by Luton Magistrates Court. Exclusive Oriental Classics Ltd and its director, Mr Kian Hoo Tay, appeared at Luton Magistrates Court on 10 October for failing to have Employers’ Liability (Compulsory) Insurance (ELCI). The court heard an investigation by the [Health and Safety Executive (HSE)](https://www.hse.gov.uk/) discovered the failure when one of the company’s employees was injured at work on 1 March 2022. Exclusive Oriental Classics Ltd and Mr Hoo Tay had failed to renew the insurance policy that expired on 13 May 2021. ## Prosecution Exclusive Oriental Classics Ltd, of Bellfield Avenue, Harrow, pleaded guilty to breaching Section 1(1) of the [Employers’ Liability (Compulsory) Insurance Act 1969](https://www.legislation.gov.uk/ukpga/1969/57/contents), fined £1,650, a victim surcharge of £165 and ordered to pay costs of £1750. The Director, Mr Kian Hoo Tay, of same address pleaded guilty to breaching Section 1(1) of the Employers’ Liability (Compulsory) Insurance Act 1969, fined £1,650, a victim surcharge of £165 and ordered to pay costs of £1750. > “Every employer needs to ensure that they have Employers’ Liability (Compulsory) Insurance in place to ensure against liability for injury or disease to their employees arising out of their employment. > > “Companies should be aware that [HSE](https://www.hse.gov.uk/index.htm "HSE") will not hesitate to take appropriate enforcement action against those that fall below the required standards”. > > [HSE inspector](https://ashbrookeconsultants.co.uk/health-and-safety/hse-inspectors-refused-entry/) Emma Page ![Uninsured employer prosecuted](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/pexels-burst-544965-1024x683.jpg)Do you have insurance for your business?## Employer Liability Insurance Most employers are required by the law to insure against liability for injury or disease to their employees arising out of their employment. The Employers’ Liability (Compulsory Insurance) Act 1969 requires your employer to have at least a minimum level of insurance against any such claims. Employers’ liability insurance will cover relevant work injuries or illness whether these are caused on or off site. However, any injuries or illness relating to motor accidents which occur while you are at work may be covered separately by the employer’s motor insurance. Public liability insurance is different. It covers employers for claims made against them by members of the public or other businesses, but not for claims by employees. While public liability insurance is generally voluntary, employers’ liability insurance is compulsory. Employers can be fined if they do not hold a current employers’ liability insurance policy which complies with the law. Employers must display a copy of this certificate where employees have reasonable access to it. If they do not, they can be fined. Since 1 October 2008, employers have been allowed to satisfy this requirement by displaying the certificate electronically for example on the company’s intranet or website. If your employer chooses this method, they must ensure that you know how and where to find the certificate and you have reasonable access to it. If you require advice on health and safety in your workplace, please [contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Health and Safety, Prosecutions **Tags:** Health and Safety, insurance, prosecution, prosecutions --- ### [Radiation breach prosecution](https://ashbrookeconsultants.co.uk/health-and-safety/radiation-breach-prosecution/) **Published:** October 3, 2022 **Author:** Administrator **Excerpt:** Our consultants consider a recent radiation breach prosecution by the Health and Safety Executive (HSE).  A company which provides diagnostic imaging services, and its radiopharmaceutical subsidiary company, have been given six-figure fines following incidents at two sites in which employees were exposed to radiation levels in excess of the legal annual dose limit. **Content:** Our consultants consider a recent radiation breach prosecution by the [Health and Safety Executive (HSE)](https://www.hse.gov.uk/). A company which provides diagnostic imaging services, and its radiopharmaceutical subsidiary company, have been given six-figure fines following incidents at two sites in which employees were exposed to radiation levels in excess of the legal annual dose limit. ## Radiation Exposure On 25 March 2019, a vial of a radioactive substance (FDG) leaked after it was installed into a shielded dispensing pot in the dispensing laboratory of Alliance Medical Limited’s (AML) Positron emission tomography-computed tomography (PET-CT) facility at St James’s University Hospital in Leeds. ![Radiation breach prosecution](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/10/pexels-mart-production-7089017-1024x683.jpg)Stock imageThis resulted in two members of staff becoming contaminated with skin doses in excess of the annual dose limit as defined by the [Ionising Radiations Regulations 2017](https://www.legislation.gov.uk/uksi/2017/1075/contents/made). In a second incident, on 15 November 2019, the same radioactive substance was unknowingly handled during the production process at the Alliance Medical Radiopharmacy Limited (AMRL) facility at Keele University Science Park in Staffordshire. Consequently, a member of staff was contaminated with a skin dose in excess of the annual dose limit as defined by the Ionising Radiations Regulations 2017. An investigation by [Health and Safety Executive (HSE)](https://www.hse.gov.uk/) into the incident at the AML Leeds PET-CT centre found that training and instruction was inadequate and supervision below an acceptable standard. Staff were not made fully aware of the localised instructions and were using personal protective equipment (PPE) unsuitable for work with radioactive material. ## Further radiation incident A separate investigation by [HSE](https://www.hse.gov.uk/index.htm "HSE") found that at AMRL’s facility at Keele University Science Park, the radiation warning system associated with the particular production equipment was not operational at the time of the incident and had not undergone routine maintenance and testing at suitable intervals. ## Radiation prosecution Alliance Medical Limited, based at Iceni Centre, Warwick Technology Park, Warwick, Warwickshire pleaded guilty to breaches of the Ionising Radiations Regulations 2017, Regulations 12, 18(3), 18(4) and 18(5)a, and were fined £300,000 and ordered to pay costs of £11,382 at Leeds Magistrates’ Court on 29 September 2022. Alliance Medical Radiopharmacy Limited, also based at Iceni Centre, Warwick Technology Park, Warwick, Warwickshire pleaded guilty to breaches of the Ionising Radiations Regulations 2017, Regulations 9(2)a, 11(1) and 12, and were fined £120,000 and ordered to pay costs of £11,382 in the same court on the same date. > “The workers in both these incidents were exposed to levels of radiation which could potentially impact on their health in the future. > > “Employers in the nuclear medicine sector must properly assess the risks to their [employees](https://ashbrookeconsultants.co.uk/health-and-safety/uninsured-employer-prosecuted/) and others and ensure all radiation doses are as low as reasonably practicable. > > “Both these incidents could so easily have been avoided by simply carrying out the correct control measures and ensuring [safe working](https://ashbrookeconsultants.co.uk/compliance/safe-systems-of-work/) practices were followed. Companies should be aware that HSE will not hesitate to take appropriate enforcement actions against those that fall below the required standards.” > > HSE specialist inspector Elizabeth Reeves The HSE has published an approved code of practice and guidance for Working with ionising radiation (L121) which is [free to download](https://www.hse.gov.uk/pubns/priced/l121.pdf). If you require health, safety and environmental advice for your business, [please contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Health and Safety, Prosecutions **Tags:** Health and Safety, prosecutions, radiation --- ### [Staying safe near cattle](https://ashbrookeconsultants.co.uk/agriculture/staying-safe-near-cattle/) **Published:** September 21, 2022 **Author:** Administrator **Excerpt:** Recent incidents involving cattle have underlined the potential dangers they pose to walkers, and the Health and Safety Executive (HSE) has issued a reminder on staying safe near cattle. **Content:** Recent incidents involving cattle have underlined the potential dangers they pose to walkers, and the [Health and Safety Executive (HSE)](https://www.hse.gov.uk/) has issued a reminder on staying safe near cattle. The HSE, however, is stressing that serious incidents involving cattle and walkers are rare, while reminding both farmers and walkers to do all they can to keep everyone safe. Farmers have a legal responsibility to manage their herds to reduce risk to people using footpaths and other rights of way. The HSE regularly investigates incidents involving cattle and the public. A proportion of these incidents involve serious injury and sometimes death. Incidents often involve cows with calves or bulls, and the person injured often has a dog. The [HSE’s published statistics show that in the five years leading](https://ashbrookeconsultants.co.uk/food-safety/dangerous-machinery-leads-to-fine/) up to March of this year, nine members of the public died after being attacked or trampled by cattle. **Public safety near cattle** Members of the public can find out about steps they can take to safely enjoy the countryside and respect farming activities by following HM Government advice in [The Countryside Code](https://www.gov.uk/government/publications/the-countryside-code). The advice includes: - Give livestock plenty of space. Their behaviour can be unpredictable, especially when they are with their young. - Keep your dog under effective control to make sure it stays away from livestock. It is good practice wherever you are to keep your dog on a lead around livestock. - Let your dog off the lead if you feel threatened by livestock. Releasing your dog will make it easier for you both to reach safety. While many thousands of people enjoy the countryside and use the extensive network of footpaths, bridleways, and public access land every day, activities such as walking through or near cattle can be hazardous. > “All large animals can be a risk to people. Even a gentle knock from a cow can result in people being crushed or falling. All cattle should be treated with respect. > > “Farmers should carefully consider the animals put into fields with footpaths, for example cows and calves are best kept in alternative fields. Even docile cattle, when under stress, perhaps because of the weather, illness, unusual disturbance, or when maternal or other instincts are aroused, can become aggressive. > > “Follow farming industry and [HSE](https://www.hse.gov.uk/index.htm "HSE") guidance to reduce the risk from animals and help people to enjoy your land and pass through smoothly.” > > HSE inspector Wayne Owen ![staying safe near cattle](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/09/pexels-pixabay-207044-1024x588.jpg)**Cattle safety advice for farmers and landowners** The HSE has published guidance to promote safety and the *Cattle and public access in England and Wales: Advice for farmers, landowners and other livestock keepers* (AIS 17EW) is available for [free download](https://www.hse.gov.uk/pubns/ais17ew.pdf). A risk assessment can help you identify the hazards and put controls in place to protect yourself, farm staff and the public. You should record the significant findings of your risk assessment and review these regularly and when there are changes. The [NFU](https://www.nfuonline.com/) has also published guidance to help farmers stay safe around cattle which is [available on its website](https://www.nfuonline.com/updates-and-information/how-to-stay-safe-when-around-livestock/). Key considerations for farmers and landowners include: - No dairy bulls should be kept in fields with a public right of way (PROW) at any time. - Where possible avoid putting cattle, especially cows with calves, in fields with PROW. - Where there is a need to keep cattle with calves or a bull in a field with PROW do all that you can to keep animals and people separated. Consider the use of fencing (permanent or temporary e.g. electric fencing). This is particularly important at busy times or where PROW are heavily used. - Assess the temperament of any cattle before putting them into a field with PROW. - If cattle, especially cows with calves, do need to be put into fields with PROW, keep this period to a minimum. - Position feed and water troughs away from the PROW and away from PROW entrances and exists to the field. - Put in place a system to monitor any cattle in fields with PROW at least on a daily basis. It may be worth recording this. - Consider culling any animal that shows signs of aggression. - Any animal that has shown any sign of aggression must not be kept in a field with PROW. - Clearly sign post all PROW across the farm. Display signage at all entrances to the field stating what is in the field (cows with calves / bulls). If you require advice and support for your farm, [please contact one of the Ashbrooke Team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Agriculture, Health and Safety **Tags:** agriculture, Cattle, farming, Health and Safety, HSE --- ### [Transport safety failures](https://ashbrookeconsultants.co.uk/health-and-safety/transport-safety-failures/) **Published:** August 24, 2022 **Author:** Administrator **Excerpt:** Employers who operate depots must ensure that a suitable and sufficient risk assessment is undertaken covering the transport risks to ensure transport safety failures do not occur.  **Content:** Transport safety failures resulted in a company being fined £380,000 after a bus caused life-changing injuries to one of its employees when they were between a reversing bus and a stationary vehicle. The employee of Stagecoach Devon Limited was working at the company’s Torquay depot on the morning of 3 October 2019. Due to space limitations, buses often had to reverse to be able to leave the depot in readiness for the day’s work. The sole banksman, who would direct vehicles, was occupied at the top of the depot where most buses were parked. As a result, it became custom and practice for the bus drivers at the front of the depot to reverse without a banksman, or to assist each other when reversing, despite not being trained as banksmen. The injured employee, who was caught between a reversing bus and a stationary vehicle, suffered compound multiple fractures of his arm requiring six titanium plates and 65 metal staples between his wrist and elbow. An investigation by the [Health and Safety Executive](https://www.hse.gov.uk/) (HSE) found that Stagecoach failed to put a suitable and sufficient risk assessment in place. This should have identified the risks inherent in the bus parking layout and action could have been taken to remove the need to reverse or mitigate the risks from reversing. For example, changing the parking layout, providing a sufficient number of trained banksmen for peak times, and improved segregation of vehicles and pedestrians. At Plymouth Magistrates Court Stagecoach Devon Limited of Stockport, pleaded guilty to breaching Section 2(1) of the [Health and Safety at Work etc. Act 1974](https://www.legislation.gov.uk/ukpga/1974/37/contents). The company was fined £380,000 and ordered to pay costs of £18,000. ![transport safety failures](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/pexels-sevenstorm-juhaszimrus-569679-1024x768.jpg)> “Those in control of work have a responsibility to devise [safe methods of working and to provide the necessary information, instruction and training to their workers in the safe system of work](https://ashbrookeconsultants.co.uk/compliance/safe-systems-of-work/). > > “If a suitable safe system of work had been in place prior to the incident, the life changing injuries sustained by the employee could have been prevented.” > > HSE Inspector James Collins Employers who operate depots must ensure that a suitable and sufficient risk assessment is undertaken covering the transport risks to ensure transport safety failures do not occur. When considering the risks from vehicle manoeuvring, employers must ensure that vehicles have large enough windscreens (with wipers where necessary) and external mirrors to provide an all-round field of vision. It is often worthwhile adding extra mirrors to reduce blind spots for drivers. Side mirrors can allow drivers of larger vehicles to see cyclists and pedestrians alongside their vehicles and can be effective in improving visibility around the vehicle from the driving position. These mirrors are fitted to larger road-going vehicles as standard. Drivers should not place items in the windscreen area or in the way of mirrors or monitors, where they might impede visibility from the driving position. The area of the windscreen that is kept clear by the wipers should not be obscured, and nor should the side windows. Windows and mirrors will also normally need to be kept clean and in good repair. Dirt or cracks can make windows or mirrors less effective. Some types of vehicles (such as straddle carriers, large shovel loaders and some large quarry vehicles) often have poor visibility from the cab. Visibility can be poor to the side or front of a vehicle as well as behind and loads on vehicles can severely limit the visibility from the driving position. Lift trucks and compact dumper vehicles in particular can have difficulty with forward visibility when they are [transporting](https://ashbrookeconsultants.co.uk/health-and-safety/vehicle-injured-guard/) bulky loads. Employers should recognise these risks in their risk assessment and think about ways to minimise them. Closed-circuit television (CCTV) may help drivers to see clearly behind or around the vehicle. CCTV can cover most blind spots and the cost of fitting CCTV systems has fallen since the technology was first developed. Companies who have fitted CCTV have found that it can reduce the number of reversing accidents, so the systems usually pay for themselves in a few years. Colour systems can provide a clearer image where there is little contrast (for example, outside on an overcast day). However, black-and-white systems normally provide a better image in lower light or darkness, and usually come with infra-red, which can be more effective than standard cameras at night. Monitors should have adjustable contrast, brightness and resolution controls to make them useful in the different light conditions in which they will be used. Drivers may need to use a hood to shield any monitor from glare. If possible, fit the camera for a CCTV system high up in the middle of the vehicle’s rear (one camera), or in the upper corners (two cameras). This will provide a greater field of vision and a better angle for the driver to judge distance and provide. It also keeps the camera clear of dust and spray, and out of the reach of thieves or vandals. However, CCTV systems do have some limitations which employers should consider: - If the vehicle leaves a darker area to a more strongly lit area (for example, driving out of a building) the system may need time to adjust to the brightness. - A dirty lens will make a camera much less effective. - Drivers may find it difficult to judge heights and distances. Drivers should not be complacent about safety even with CCTV systems installed as this can result in transport safety failures. They should be trained in proper use of the equipment and employers have a duty to provide such training and instruction. Reversing alarms may be drowned out by other noise or may be so common on a busy site that pedestrians do not take any notice. It can also be hard to know exactly where an alarm is coming from, and people who are less able to hear are also at greater risk. Alarms can also disturb nearby residents. However, reversing alarms may be appropriate (based on the risk assessment) but might be most effectively used with other measures, such as warning lights. Additional advice on transport safety can be found in the HSE [Guide to workplace transport safety (HSG 136, 2014)](https://www.hse.gov.uk/pubns/priced/hsg136.pdf) which is available free on the website. If you require health and safety advice or support for your business, [please contact one of the Ashbrooke team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). **Categories:** Health and Safety, Prosecutions **Tags:** Health and Safety, prosecutions, risk, safety, transport --- ### [Welcome to our website!](https://ashbrookeconsultants.co.uk/agriculture/hello-world-2/) **Published:** August 2, 2020 **Author:** Administrator **Content:** Welcome to our website. We hope you enjoy the content and welcome your views and contribution. If you would like advice or support for your business, [please contact one of our team.](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us") ![Ashbrooke Management Consultants](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/Square_Logo_Twitter400x400.png) **Categories:** Agriculture, Compliance, Education, Environment, Food Safety, Governance, Health and Safety, Prosecutions, Waste **Tags:** environment, governance, Health, risk, safety --- ### [Can too much corporate governance stifle SMEs?](https://ashbrookeconsultants.co.uk/compliance/can-too-much-corporate-governance-stifle-smes/) **Published:** August 2, 2020 **Author:** Mark **Content:** Corporate governance has been a major topic in recent years following the economic crisis and various financial scandals. For companies it is important to have corporate governance in place to ensure that the management team operates the company in the best interests of shareholders and other stakeholders – for listed companies there are detailed rules to follow. For small and medium sized enterprises (SMEs) corporate governance may not feature as highly with the management and owners often being the same. However, as SMEs develop and grow [corporate governance also rises in important](https://ashbrookeconsultants.co.uk/governance/the-evolution-and-importance-of-corporate-governance-in-the-uk/) as banks and other financial institutions are called upon for capital. Having robust [corporate governance](https://ashbrookeconsultants.co.uk/compliance/investing-in-corporate-governance-adds-value-to-the-bottom-line-and-improves-resilience-in-uncertain-times/) arrangements in place ensures that everyone in the company makes decisions in line with shareholders’ and stakeholders’ interests. Companies that are committed to good corporate governance often offer the best opportunities for investors. The introduction of external Board appointments can help a company develop its corporate governance. Non-executive directors sitting on the Board can help in management decision-making particularly where they have market, business or governance experience. This can be challenging for owners in particular who will previously have made all the decisions without much external input. ![Corporate governance](https://ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/architecture-structure-wood-floor-building-ceiling-9341-pxhere.com_-1-1024x683.jpg)Boardroom leadership in health and safety managementProportionality is key when implementing corporate governance arrangements in private companies. Too much and it can reduce efficiency, delay the decision making process and be costly in terms of resources. SMEs often fear governance systems will tie them down in processes and procedures. A balanced approach will be rewarded with the benefits of good governance whilst still allowing innovation and market responsiveness. Assessing the value of the Board including any non-executive positions is vital to good governance. Non-executive directors must bring real tangible value to the company if such appointments are part of a governance strategy. **Categories:** Compliance, Governance **Tags:** boardroom, company, director, governance, losses, profits, risk, SME --- ### [Environment Agency to Prioritise Permits](https://ashbrookeconsultants.co.uk/environment/environment-agency-to-prioritise-permits/) **Published:** August 26, 2020 **Author:** Mark **Content:** The [Environment Agency](https://www.gov.uk/government/organisations/environment-agency) is contacting waste operators regarding a delay to the scheduled review of environmental permits for certain sectors. The Agency has decided to concentrate its resources on the permit applications backlog rather than reviews. ![Environment Agency to prioritise permitting work due to COVID-19](http://www.ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/bas-emmen-EXpa6pyXkHA-unsplash-1024x683.jpg)Environment Agency to prioritise permitting work due to COVID-19The Agency announced that due to the impacts of Covid-19, they are experiencing a significant backlog in permitting work which includes applications made by operators for proposed new or expanded operations. In order to enable the country to restart, aid economic recovery and support green renewal, the Agency has decided to focus its resource on this permitting work. Work to review permits will recommence as soon as possible and the Agency will make further announcements in due course to keep waste operators updated on the situation. ![Environment Agency to prioritise permits work due to COVID-19](https://ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/bas-emmen-EXpa6pyXkHA-unsplash-1024x683.jpg)Environment Agency to prioritise permitting work due to COVID-19If any waste operators wish to discuss their permit further they should contact their sector lead within the Environment Agency or email If you require advice on environmental permitting please [contact one of the Ashbrooke team.](https://www.ashbrookeconsultants.co.uk/contact-us/) **Categories:** Environment, Waste **Tags:** Environment Agency, licence, permit, recycling, waste --- ## Pages ### [Home](https://ashbrookeconsultants.co.uk/) **Published:** August 2, 2020 **Author:** Administrator **Content:** # Stay Compliant, Wherever You Operate *Bespoke health & safety and environmental legal registers, mapped precisely to the jurisdictions your business operates in.* ## The Problem Health and safety and environmental legislation does not stand still — and neither does your business. Operating across multiple jurisdictions means tracking changes in Great Britain, Northern Ireland, the Isle of Man, and the Republic of Ireland (or wherever your sites are based), each with its own regulatory landscape. Generic compliance checklists do not cut it! One missed update can mean a fine, an audit failure, or worse. ![Stay compliant with our bespoke legal registers. Photo courtesy of Pixabay erwinbosman](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/erwinbosman-office-10463610_1920-1024x683.jpg)*Stay compliant with our bespoke legal registers* ## What We Do ### Bespoke Legal Registers, Built Around Your Business We do not hand you a template. We build a legal register tailored to your specific operations — your sites, your sector, your [risk profile — covering the full scope of applicable health](https://ashbrookeconsultants.co.uk/agriculture/hello-world-2/) & safety and environmental law across every jurisdiction you operate in. - **Multi-jurisdiction coverage** — Great Britain, Northern Ireland, Isle of Man, Republic of Ireland and beyond - **Tailored to your operations** — not a one-size-fits-all checklist - **Kept current** — legislation tracked and updated as it changes - **Audit-ready** — clear, structured, and built to withstand scrutiny ## Why It Matters For small and medium-sized businesses, compliance resource is often stretched thin. You need to know what applies to you — not sift through legislation that does not. Our registers give you clarity: what the law requires, where it applies, and what you need to do about it. ## How It Works 1. **Scope** — We map your operations, sites, and jurisdictions. 2. **Build** — We compile a bespoke register of applicable legislation. 3. **Deliver** — You receive a clear, structured document ready for audit or internal use. 4. **Maintain** — We keep you updated as legislation changes. ## Know Exactly What Applies to Your Business Get a bespoke legal register built for your operations — not a generic template. To see how it works and how we can bring value to you business compliance, [please contact us.](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us") --- ### [About Us](https://ashbrookeconsultants.co.uk/about-us-2/) **Published:** February 23, 2016 **Author:** Administrator **Content:** ## Health, safety, environmental and risk management consultancy Ashbrooke Management Consultants is a health, safety, environmental and risk management practice providing innovative business solutions to effectively manage risk, exceed business objectives and realise their full potential. Our experienced consultants have the expertise required by today’s organisations to identify, analyse and manage business risk. We work with regional, national and international clients from the public and private sectors and can provide full risk management services including regulatory audits, compliance training and organisational change programmes. We can provide bespoke legal registers for your business, regular update services to keep your register compliant and [training](https://ashbrookeconsultants.co.uk/courses-catalogue/). Our terms and conditions are available [here](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/terms-and-conditions-24.png). Our [client area](https://ashbrookeconsultants.co.uk/clients/) is available with resources for registered clients. To view our Privacy Statement select your location [(UK)](https://ashbrookeconsultants.co.uk/privacy-statement-uk/) or [(EU)](https://ashbrookeconsultants.co.uk/privacy-statement-eu/). See what our [clients say about our services](https://ashbrookeconsultants.co.uk/what-clients-say-about-us/). --- ### [ISO 45001 for Business Leaders Course](https://ashbrookeconsultants.co.uk/iso-45001-for-business-leaders-course/) **Published:** October 3, 2026 **Author:** Administrator **Content:** ## ISO 45001 for Business Leaders ## What you will learn - Explain the purpose of ISO 45001 and how an OH&S management system supports safer work. - Understand leadership responsibilities, accountability and worker participation. - Identify workplace hazards and oversee assessment of OH&S risks and opportunities. - Apply the hierarchy of controls when considering risk reduction. - Consider health and safety when managing change, contractors and outsourced activities. - Review performance information, audits and compliance evaluations. - Respond to incidents and nonconformities and support effective corrective action. - Develop a practical plan for strengthening OH&S leadership and oversight. ## Who the Course is for The **Business Leaders Series** is designed for company directors and senior managers who want to strengthen their understanding of health, safety and environmental responsibilities. Whether you lead an organisation, oversee operations or contribute to strategic decisions, these courses will help you understand the key principles, legal duties and management systems relevant to your role. You will gain practical insights to support informed decision-making, provide effective oversight and embed responsible leadership across your organisation. ## Course Details **[ISO 45001](https://www.iso.org/standard/45001 "ISO 45001") for Business Leaders** is a practical course for directors and senior managers who want to understand their role in managing occupational health and safety. It introduces the key principles of ISO 45001 and shows how leaders can provide effective oversight, manage significant risks and involve workers in building safer, healthier workplaces. Participants will explore leadership responsibilities, hazard and risk management, worker participation, performance monitoring and continual improvement. They will leave better prepared to ask informed questions, support effective decision-making and embed health and safety into the organisation’s everyday work. **Module 1: Occupational health and safety leadership** - What ISO 45001 is and how an occupational health and safety management system works - The business value of preventing work-related injury and ill health - The role of leaders in setting direction and expectations **Module 2: Leadership, accountability and worker participation** - Leadership responsibilities under ISO 45001 - Defining roles, responsibilities and authorities - Consulting workers and enabling their participation - Integrating [health and safety into business](https://ashbrookeconsultants.co.uk/health-and-safety/does-coshh-apply-to-my-business/) governance **Module 3: Organisational context and scope** - Understanding internal and external issues that affect health and safety - Identifying relevant interested parties and their needs - Setting the scope of the health and safety management system **Module 4: Hazard identification and risk management** - Identifying hazards and assessing OH&S risks and opportunities - Applying the hierarchy of controls - Managing change, contractors and outsourced activities - Considering routine, non-routine and emergency situations **Module 5: Legal requirements and planning** - Understanding applicable legal and other requirements - Setting measurable OH&S objectives - Planning actions, responsibilities and resources - Embedding health and safety into business decisions **Module 6: Culture, competence and communication** - Building a positive health and safety culture - Providing appropriate training and support - Communicating priorities and expectations - Encouraging reporting and learning without blame **Module 7: Performance evaluation and assurance** - Selecting meaningful leading and lagging indicators - Reviewing monitoring, audits and compliance evaluations - Using management review to assess system effectiveness - Asking informed questions and challenging weak assurance **Module 8: Incidents, corrective action and continual improvement** - Responding to incidents, near misses and nonconformities - Investigating causes and identifying system-level lessons - Tracking corrective actions and checking their effectiveness - Using learning to improve performance over time **Module 9: Putting leadership into practice** - Applying ISO 45001 principles to leadership decisions - Identifying organisational strengths and improvement opportunities - Developing a practical health and safety leadership action plan --- Max number of delegates: 10 Min number of delegates: 5 Instructor: Barrister Business Leaders Series Cost from £2499 --- To find out more about this course or any other courses we offer, [please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). --- ### [Health & Safety Legislation for Business Leaders Course](https://ashbrookeconsultants.co.uk/health-safety-legislation-for-business-leaders-course/) **Published:** October 3, 2026 **Author:** Administrator **Content:** ## Health & Safety Legislation for Business Leaders ## What you will learn - Understand the main UK health and safety legal framework and the roles of regulators. - Explain employer, director and senior manager responsibilities for protecting workers and others. - Oversee risk assessment and the selection of appropriate control measures. - Recognise key legal requirements for workplace conditions, equipment and personal protective equipment. - Identify when specialist regulations may apply, including COSHH, asbestos, work at height and lifting operations. - Understand worker consultation duties and ways to support participation. - Respond to incidents, understand RIDDOR reporting and follow up on investigation findings. - Review compliance and assurance information and take action on gaps. ## Who the Course is for The **Business Leaders Series** is designed for company directors and senior managers who want to strengthen their understanding of health, safety and environmental responsibilities. Whether you lead an organisation, oversee operations or contribute to strategic decisions, these courses will help you understand the key principles, legal duties and management systems relevant to your role. You will gain practical insights to support informed decision-making, provide effective oversight and embed responsible leadership across your organisation. ## Course Details **[Health and Safety](https://ashbrookeconsultants.co.uk/health-and-safety/when-does-dsear-apply/) Legislation for Business Leaders** is a practical course for directors and senior managers who need to understand their legal responsibilities for workplace health and safety in the UK. It introduces the main duties placed on employers and leaders, explains how key regulations apply in practice, and explores how regulators investigate and enforce compliance. Participants will examine risk management, worker consultation, higher-risk activities, incident reporting and effective oversight. They will leave better equipped to ask informed questions, support legal compliance and make [health and safety part of sound business](https://ashbrookeconsultants.co.uk/health-and-safety/does-coshh-apply-to-my-business/) decision-making. **Module 1: The UK health and safety legal framework** - How [health and safety law](https://ashbrookeconsultants.co.uk/health-and-safety/uk-and-eu-health-and-safety-law-a-post-brexit-comparison/) is structured and enforced across the UK - The roles of the Health and Safety Executive and local authorities - Understanding the difference between legislation, regulations and approved codes of practice - Identifying which requirements apply to an organisation’s activities **Module 2: Leadership duties and accountability** - Employers’ duties to protect employees and others affected by their work - Directors’ and senior managers’ responsibilities - Delegation, competent advice and effective oversight - The consequences of failing to meet legal duties **Module 3: Risk management and safe systems of work** - Risk assessment duties and suitable control measures - Applying the hierarchy of controls - Providing information, instruction, training and supervision - Managing workplace hazards, maintenance and safe equipment **Module 4: Worker consultation and participation** - Consulting employees and safety representatives - Supporting worker involvement in health and safety decisions - Raising concerns and reporting hazards - Building a culture where people can speak up and learn **Module 5: Core workplace regulations** - Management of Health and Safety at Work Regulations - Workplace (Health, Safety and Welfare) Regulations - Provision and Use of Work Equipment Regulations (PUWER) - Personal Protective Equipment at Work Regulations - Manual handling, display screen equipment and work at height requirements **Module 6: Higher-risk work and specialist duties** - Control of Substances Hazardous to Health (COSHH) - Control of Asbestos Regulations - Control of Noise at Work and vibration requirements - Lifting Operations and Lifting Equipment Regulations (LOLER) - Fire safety responsibilities and coordination with other duty holders **Module 7: Incidents, reporting and enforcement** - Reporting injuries, diseases and dangerous occurrences under RIDDOR - Incident response, investigation and corrective action - [HSE](https://www.hse.gov.uk/index.htm "HSE") and local authority inspections and enforcement options - Understanding prosecution, penalties and potential director liability **Module 8: Assurance and continual improvement** - Monitoring compliance and reviewing risk controls - Using audits, inspections and performance indicators - Managing contractors, organisational change and multiple sites - Developing a practical action plan for leadership oversight --- Max number of delegates: 10 Min number of delegates: 5 Instructor: Barrister Business Leaders Series Cost from £2499 --- To find out more about this course or any other courses we offer, [please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). --- ### [Bespoke Legal Registers for Health, Safety & Environmental Compliance](https://ashbrookeconsultants.co.uk/bespoke-legal-registers/) **Published:** August 2, 2020 **Author:** Administrator **Content:** ## **A legal register tailored specifically to your organisation** Understanding which health and safety and environmental legislation applies to your organisation is a fundamental part of effective legal compliance and a bespoke legal register will help. However, your organisation’s legal obligations are unlikely to be the same as those of another business. Your activities, premises, processes, equipment, environmental impacts and geographical locations all influence the legislation that applies to you. ## **That is why we do not provide generic, off-the-shelf legal registers.** We compile **bespoke legal registers specifically for your organisation**, identifying the [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/managing-home-workers-health-safety/) and environmental legislation relevant to your activities and operations. The result is a practical and focused legal compliance tool containing the legislation that matters to your organisation. ### **Why a bespoke legal register?** A generic legal register may contain hundreds of pieces of legislation, many of which may have little or no relevance to your business. This can make it difficult to determine which legal requirements actually apply to you. Our approach is different. We consider your organisation and its activities when compiling your register, allowing us to identify the legislation that is relevant to your particular circumstances. Your legal register is therefore **developed for your organisation — not simply selected from a standard template.** This provides a more meaningful basis for reviewing legal compliance and identifying areas where further action may be required. ### **Health & safety and environmental legislation** Our specialist [bespoke legal registers cover health and safety](https://ashbrookeconsultants.co.uk/compliance/the-difference-between-generic-and-bespoke-legal-registers/) **and environmental legislation** across various jurisdictions including: - **United Kingdom** - **Isle of Man** - **Republic of Ireland** Depending on your organisation, your register may address legislation covering areas such as: - Occupational [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/vehicle-injured-guard/) - Workplace [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/bernard-mathews-worker-paralysed/) - [Fire safety](https://ashbrookeconsultants.co.uk/health-and-safety/fire-safety/) - Construction and maintenance - Machinery and work equipment - Hazardous substances - Environmental protection - Waste management - Pollution prevention and control - Water and water pollution - Emissions - Environmental permitting - Other legislation relevant to your activities The precise content of the register is determined by your organisation’s circumstances. ![Bespoke legal registers](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/Royal-Courts-of-Justice-2-1024x683.jpg)### **Your legal register is kept up to date** Legislation does not stand still. New legislation is introduced, existing requirements are amended and legislation can be revoked or replaced. A legal register that was accurate when it was first produced can therefore become outdated over time. We address this through our **quarterly legal register update service**. Your register is reviewed on a quarterly basis and amended where relevant legislative developments affect your organisation. This means you do not simply receive a legal register and then have to monitor legislative developments yourself. You have an ongoing service designed to help keep your legal register **current and relevant**. ### **More than a list of legislation** A well-designed legal register should be more than a long list of Acts, Regulations and other legal instruments. It should help your organisation understand: ### **What legislation applies?** The register identifies the relevant health and safety and environmental legislation applicable to your organisation. ### **What are our obligations?** Information is provided to help you understand the principal requirements arising from the applicable legislation. ### **Are we meeting those requirements?** The register can be used as a reference when reviewing your existing arrangements and assessing legal compliance. ### **Has the law changed?** Quarterly updates help ensure that relevant legislative changes are reflected in your register. ## **Supporting ISO and management system compliance** A current legal register can also form an important part of an organisation’s management system. For organisations operating or seeking certification to standards such as **[ISO 14001 Environmental Management Systems](https://www.iso.org/standard/14001)** and **[ISO 45001 Occupational Health & Safety Management Systems](https://www.iso.org/standard/63787.html)**, identifying applicable legal and other requirements is an important element of the management system. A bespoke and regularly updated legal register can provide documented evidence that applicable legislation has been identified and is being kept under review. ### **A legal register designed around your business** Whether you operate from a single location or across multiple sites, the legislation applicable to your organisation needs to be considered in the context of what you actually do. Our bespoke approach means that your legal register is developed around your organisation rather than requiring your organisation to work around a generic register. ## **Relevant. Bespoke. Regularly updated.** That is the difference between a [legal register](https://ashbrookeconsultants.co.uk/compliance/keeping-it-legal/) that simply exists and one that can be used as a practical part of your compliance management system. ## **Need a bespoke legal register?** If you need to identify the [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/bonfire-prosecution/) and environmental legislation applicable to your organisation, we can compile a **bespoke legal register tailored to your requirements**. We provide legal register services across the **United Kingdom, Isle of Man and Republic of Ireland**, with quarterly updates available to help keep your register current. **[Contact us to discuss your requirements and find out how a bespoke legal register could support your organisation’s legal compliance arrangements.](https://ashbrookeconsultants.co.uk/contact-us/)** **Bespoke legal registers — because your legal obligations are unique to your organisation.** **Would you like a free copy of our [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/when-does-dsear-apply/) and environmental legal register checklist for UK operations?** Checklist --- ### [Environmental Legislation for Business Leaders Course](https://ashbrookeconsultants.co.uk/environmental-legislation-for-business-leaders-course/) **Published:** October 3, 2026 **Author:** Administrator **Content:** ## Environmental Legislation for Business Leaders ## What you will learn - Understand the main environmental law and enforcement framework across the UK. - Recognise how environmental responsibilities apply to directors and senior managers. - Identify when activities may require environmental permits, licences, consents or exemptions. - Oversee pollution prevention, waste duty of care and resource management. - Recognise potential packaging producer responsibility and Plastic Packaging Tax obligations. - Identify relevant water, land, biodiversity, climate and energy requirements. - Review how the organisation identifies and checks its compliance obligations. - Set priorities for improving environmental oversight and compliance assurance. ## Who the Course is for The **Business Leaders Series** is designed for company directors and senior managers who want to strengthen their understanding of health, safety and environmental responsibilities. Whether you lead an organisation, oversee operations or contribute to strategic decisions, these courses will help you understand the key principles, legal duties and management systems relevant to your role. You will gain practical insights to support informed decision-making, provide effective oversight and embed responsible leadership across your organisation. ## Course Details **Environmental Legislation for Business Leaders** is a practical course for directors and senior managers who need to understand the main environmental legal requirements affecting UK businesses. It covers key areas including pollution prevention, environmental permits, waste, packaging responsibilities, water, biodiversity, climate and energy schemes. Participants will learn how to identify which requirements may apply to their organisation, strengthen oversight and ask informed questions about environmental compliance. The course also explores the role of regulators, the consequences of non-compliance and practical ways to build [environmental responsibilities into business](https://ashbrookeconsultants.co.uk/environment/eu-vs-uk-environmental-regulation-after-brexit-a-business-guide/) decisions. **Module 1: The UK environmental law landscape** - How environmental law is made and enforced across the UK - The roles of the [Environment Agency](https://www.gov.uk/government/organisations/environment-agency "Environment Agency"), Natural Resources Wales, SEPA and the Northern Ireland Environment Agency - Understanding which laws apply to the organisation, its sites and activities - The importance of checking current requirements and regulator guidance **Module 2: Environmental responsibilities and governance** - Directors’ and senior managers’ roles in environmental compliance - Setting clear accountability and oversight - Environmental permits, licences, consents and exemptions - Consequences of non-compliance, including enforcement, remediation and reputational impacts **Module 3: Pollution prevention and environmental permitting** - Core controls for preventing pollution to air, land and water - When activities may require environmental permits or other authorisations - Managing fuels, chemicals, trade effluent and potentially polluting activities - Preparing for environmental incidents and responding effectively **Module 4: Waste and resource management** - Waste duty of care and the waste hierarchy - Waste classification, storage, transfer and record keeping - Checking that waste contractors and destinations are properly authorised - When waste activities require a permit or registered exemption **Module 5: Packaging and producer responsibilities** - Packaging producer responsibility and extended producer responsibility (EPR) - Reporting, registration and fee obligations for businesses in scope - Plastic Packaging Tax and its relevance to manufacturers and importers - Implications for product, packaging and supply-chain decisions **Module 6: Water, land and biodiversity** - Water abstraction, discharge and trade effluent controls - Protecting land and groundwater from contamination - Planning and development considerations for protected sites and species - Managing nature-related risks in property, operations and supply chains **Module 7: Climate, energy and emissions** - The UK climate framework and its implications for business planning - Relevant schemes such as the Climate Change Levy, ESOS and emissions trading - Energy use, greenhouse gas reporting and carbon reduction commitments - Identifying which requirements apply based on organisation size and activity **Module 8: Compliance assurance and leadership** - Building a legal register and evaluating compliance - Using audits, inspections, incident data and performance indicators - Managing contractors, acquisitions, operational change and new sites - Creating a practical action plan for board-level oversight --- Max number of delegates: 10 Min number of delegates: 5 Instructor: Barrister Business Leaders Series Cost from £2499 --- To find out more about this course or any other courses we offer, [please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). --- ### [Courses Catalogue](https://ashbrookeconsultants.co.uk/courses-catalogue/) **Published:** November 12, 2022 **Author:** Administrator **Content:** ![](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/Construction-Manager-scaled.jpg) **Leading Health & Safety** - Aimed at directors, senior managers & sole traders - Written materials included - Certificate of completion - - - - - 4.6/5 Bestseller [Read Full Description](https://ashbrookeconsultants.co.uk/leading-health-safety-course/) ![](https://ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/landscape-tree-nature-grass-horizon-cloud-1018450-pxhere.com_.jpg) **ISO 14001 for Business Leaders** - Aimed at directors, senior managers & sole traders - Written materials included - Certificate of completion - - - - - 5/5 Bestseller [Read Full Description](https://ashbrookeconsultants.co.uk/iso-14001-for-business-leaders-course/) ![](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/000_0386.jpg) **ISO 45001 for Business Leaders** - Aimed at directors, senior managers & sole traders - Written materials included - Certificate of completion - - - - - 5/5 New [Read Full Review](https://ashbrookeconsultants.co.uk/iso-45001-for-business-leaders-course/) ![](https://ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/leaf-nature-water-green-freshness-dew-1440527-pxhere.com_.jpg) **Environmental Legislation for Business Leaders** - Aimed at directors, senior managers & sole traders - Written materials included - Certificate of completion - - - - - 4.5/5 New [Read Full Review](https://ashbrookeconsultants.co.uk/environmental-legislation-for-business-leaders-course/) ![](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/11066063-construction-site-4020496_1920.jpg) **Health & Safety Legislation for Business Leaders** - Aimed at directors, senior managers & sole traders - Written materials included - Certificate of completion - - - - - 4.5/5 New [Read Full Review](https://ashbrookeconsultants.co.uk/health-safety-legislation-for-business-leaders-course/) --- ### [Leading Health & Safety Course](https://ashbrookeconsultants.co.uk/leading-health-safety-course/) **Published:** October 3, 2026 **Author:** Administrator **Content:** ## Leading Health & Safety ## What you will learn - Understand the leadership responsibilities directors and senior managers hold for health and safety. - Identify significant workplace hazards and oversee proportionate risk controls. - Set clear expectations and lead by example. - Involve workers in health and safety decisions and encourage them to raise concerns. - Interpret health and safety performance information and ask effective assurance questions. - Respond constructively to incidents and use investigations to identify wider lessons. - Build health and safety into business planning, operational change and everyday decisions. - Develop a practical action plan to strengthen health and safety leadership. ## Who the Course is for The **Business Leaders Series** is designed for company directors and senior managers who want to strengthen their understanding of health, safety and environmental responsibilities. Whether you lead an organisation, oversee operations or contribute to strategic decisions, these courses will help you understand the key principles, legal duties and management systems relevant to your role. You will gain practical insights to support informed decision-making, provide effective oversight and embed responsible leadership across your organisation. ## Course Details **Leading Health and Safety** is a practical course for company directors and senior managers who want to lead safer, healthier organisations. It explores how leaders can set clear expectations, understand their responsibilities, oversee significant risks and build a culture where people are encouraged to speak up and learn. Participants will develop the confidence to ask better questions, review health and safety performance, respond constructively to incidents and embed health and safety into everyday business decisions. The course concludes with a practical action plan tailored to each participant’s organisation. ### Modules **Module 1: Leadership and accountability** - What health and safety leadership means at director and senior manager level - Roles, responsibilities and lines of accountability - Setting expectations and leading by example **Module 2: Governance and legal responsibilities** - The organisation’s health and safety duties - Director and senior manager responsibilities - How health and safety fits into corporate governance and assurance **Module 3: Understanding risk** - Identifying significant workplace hazards - Assessing and managing risk - Applying the hierarchy of controls - Managing change, contractors and higher-risk work **Module 4: Building a positive safety culture** - How leadership behaviour shapes workplace culture - Employee consultation and participation - Supporting reporting, learning and psychological safety **Module 5: Measuring and reviewing performance** - Choosing useful leading and lagging indicators - Reviewing inspections, audits and incident trends - Asking effective questions and challenging weak assurance **Module 6: Incident response and organisational learning** - Responding to incidents and near misses - Investigation principles and root causes - Turning lessons into corrective action and prevention **Module 7: Health, wellbeing and emerging risks** - Work-related health and wellbeing - Fatigue, stress and other psychosocial risks - Recognising new and changing risks in the organisation **Module 8: Putting leadership into practice** - Integrating health and safety into business decisions - Board-level review and continuous improvement - Creating a practical leadership action plan --- Max number of delegates: 10 Min number of delegates: 5 Instructor: Barrister Business Leaders Series Cost from £2999 --- To find out more about this course or any other courses we offer, [please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). --- ### [ISO 14001 for Business Leaders Course](https://ashbrookeconsultants.co.uk/iso-14001-for-business-leaders-course/) **Published:** October 3, 2026 **Author:** Administrator **Content:** ## ISO 14001 for Business Leaders ## What you will learn - Explain the purpose of ISO 14001 and the role of an environmental management system. - Describe how leaders set direction, accountability and priorities for environmental management. - Recognise environmental aspects and impacts that may be significant to their organisation. - Consider compliance obligations, environmental risks and business opportunities. - Set environmental objectives and integrate them into business planning. - Review environmental performance, audits and management system assurance. - Support employee and contractor awareness and involvement. - Use findings and incidents to guide continual improvement. ## Who the Course is for The **Business Leaders Series** is designed for company directors and senior managers who want to strengthen their understanding of health, safety and environmental responsibilities. Whether you lead an organisation, oversee operations or contribute to strategic decisions, these courses will help you understand the key principles, legal duties and management systems relevant to your role. You will gain practical insights to support informed decision-making, provide effective oversight and embed responsible leadership across your organisation. ## Course Details **[ISO 14001](https://www.iso.org/standard/14001 "ISO 14001") for Business Leaders** is a practical course for directors and senior managers who want to understand their role in effective environmental management. It explains how ISO 14001 can help an organisation manage its environmental impacts, meet its compliance obligations and build environmental priorities into business strategy and day-to-day decisions. Participants will explore leadership responsibilities, significant environmental aspects, objectives, performance monitoring and continual improvement. They will leave better prepared to ask informed questions, provide effective oversight and support an environmental management system that contributes to organisational resilience and responsible business performance. **Module 1: Environmental leadership and ISO 14001** - What ISO 14001 is and how an environmental management system works - The business case for environmental management - The role of leaders in setting direction and expectations **Module 2: Leadership, governance and accountability** - Leadership responsibilities under ISO 14001 - Defining roles, responsibilities and authorities - Integrating environmental management into business strategy and governance **Module 3: Understanding context and stakeholders** - Identifying internal and external issues that affect the organisation - Understanding the needs and expectations of relevant interested parties - Defining the scope of the environmental management system **Module 4: Environmental aspects, impacts and compliance** - Identifying significant environmental aspects and impacts - Understanding a lifecycle perspective - Recognising environmental legal and other compliance obligations - Prioritising risks and opportunities **Module 5: Objectives, planning and resources** - Setting environmental objectives that support business priorities - Planning actions, responsibilities and resources - Building environmental considerations into investment, procurement and operational decisions **Module 6: Culture, competence and communication** - Building environmental awareness and accountability - Engaging employees and contractors - Communicating environmental priorities and performance **Module 7: Performance evaluation and assurance** - Selecting meaningful environmental performance indicators - Reviewing monitoring, audits and compliance evaluations - Using management review to assess whether the system is effective **Module 8: Improvement and business resilience** - Responding to nonconformities and incidents - Turning audit findings and operational lessons into improvement - Preparing for emerging environmental challenges and changing requirements **Module 9: Putting leadership into practice** - Applying ISO 14001 principles to leadership decisions - Identifying gaps and opportunities in the organisation - Developing a practical environmental leadership action plan --- Max number of delegates: 10 Min number of delegates: 5 Instructor: Barrister Business Leaders Series Cost from £2499 --- To find out more about this course or any other courses we offer, [please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). --- ### [Courses](https://ashbrookeconsultants.co.uk/courses/) **Published:** April 29, 2022 **Author:** Administrator **Content:** Here are a selection of courses we offer. If you would like to know more about our online or face-to-face training courses, [please contact one of our team.](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us") ![](https://ashbrookeconsultants.co.uk/wp-content/uploads/2024/07/Slide-Tilte-1-1024x576.png)Failure to include health and safety as a key business risk in board decisions can have catastrophic results. Many high-profile safety cases over the years have been rooted in failures of leadership. [Health and safety law places duties](https://ashbrookeconsultants.co.uk/health-and-safety/new-electrical-safety-duties-for-landlords/) on organisations and employers, and directors can be personally liable when these duties are breached: members of the board have both collective and individual responsibility for health and safety within their organisation. The course is delivered by a director and barrister with over 10 years’ experience in strategic health and safety management. ![](https://ashbrookeconsultants.co.uk/wp-content/uploads/2024/07/Title-Slide-1024x576.png)The course provides an introduction to the [ISO 9001](https://www.iso.org/standard/9001 "ISO 9001"):2015 Quality Management Standard requirements. The course details each requirement of the standard and how this can be achieved in a quality management system for an organisation. Practical examples provide an insight into the implementation and operation of quality management systems in a variety of business sectors. ![](https://ashbrookeconsultants.co.uk/wp-content/uploads/2024/07/Title-Slide-1-1024x576.png)Asbestos can be found in any building built before the year 2000 (houses, factories, offices, schools, hospitals etc) and causes around 5,000 deaths every year. Workers and supervisors must be able to recognise asbestos-containing materials (ACMs) and know what to do if they come across them in order to protect themselves and others. Information, instruction and training for asbestos awareness is intended to give workers, supervisors and managers the information they need to avoid work that may disturb asbestos during any normal work which could disturb the fabric of a building, or other item which might contain asbestos. It will not prepare workers, or self-employed contractors, to carry out work with asbestos-containing materials. If a worker is planning to carry out work that will disturb ACMs, further information, instruction and training will be needed. Upon completion of the course, delegates will be able to demonstrate an understanding of: - the properties of asbestos and its effects on health, including the increased risk of developing lung cancer for asbestos workers who smoke - the types, uses and likely occurrence of asbestos and asbestos materials in buildings and plant - the general procedures to deal with an emergency, e.g., an uncontrolled release of asbestos dust into the workplace - how to avoid the risk of exposure to asbestos --- ### [Case Studies](https://ashbrookeconsultants.co.uk/case-studies/) **Published:** August 2, 2020 **Author:** Administrator **Content:** We are please to provide an insight into our expertise with case studies of projects our consultants have conducted. Our expert consultants have managed numerous projects with clients in different sectors. ![Risk Management](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/RiskManagement-300x169.jpg)**[Risk Management Case Study](https://ashbrookeconsultants.co.uk/risk-management-case-study/)**![Compliance](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/Compliance-300x169.jpg)**[Regulatory Compliance Case Study](https://ashbrookeconsultants.co.uk/regulatory-compliance-case-study/)**![Legislation](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/Legislation-300x169.jpg)[**Legislation** **Case Study**](https://ashbrookeconsultants.co.uk/legislation-case-study/)![Health and Safety](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/HealthandSafety-300x169.jpg)**[Health & Safety Case Study](https://ashbrookeconsultants.co.uk/health-safety-case-study/)**![Food Safety](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/Food-Safety-300x169.jpg)**[Food Safety Case Study](https://ashbrookeconsultants.co.uk/food-safety/)**![Environment](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/Environment-300x169.jpg)**[Environment Case Study](https://ashbrookeconsultants.co.uk/environmental-case-study/)**If you require advice or support for your business,[ please contact one of our team.](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us") --- ### [What clients say about us](https://ashbrookeconsultants.co.uk/what-clients-say-about-us/) **Published:** September 21, 2026 **Author:** Administrator **Content:** Preparing and maintaining bespoke legal registers means getting to know our clients, their business and operations in great detail. We have been working with some of our clients for over 10 years. Here are a few comments from clients. Need a [bespoke legal register](https://ashbrookeconsultants.co.uk/faq/)? [Contact us to discuss your organisation’s requirements](https://ashbrookeconsultants.co.uk/contact-us/). Ashbrooke reviewed our legal register and identified what was missing. ![Risk management consultancy](https://ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/cropped-drew-beamer-9uX5cX1l3bw-unsplash-scaled-1.jpg) #### Michael R. QSE Director We have used Ashbrooke Consultants since 2010 to compile our health, safety and environmental register. They also provide regular updates on new legislation which specifically impacts our business operations. Their expertise and excellent service has helped the company be compliant with the law and regulators’ requirements. ![Risk management consultancy](https://ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/cropped-nastuh-abootalebi-yWwob8kwOCk-unsplash.jpg) #### Peter J. Compliance Director Following an insurance audit, the company was at risk of being uninsurable. The team at Ashbrooke undertook a full review of our operations and sites to prepare a legislation register. They also helped identify gaps in compliance and prepared an action plan for us to work to. Our insurer was pleased with the work and agreed to continue with our policy. ![Risk management consultancy](https://ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/cropped-nastuh-abootalebi-yWwob8kwOCk-unsplash.jpg) #### Anon. Managing Director We used to use a standard updating service but we spent a lot of time deciding if each regulation applied to us or not. That’s why we approached Ashbrooke consultants. They keep our register up to date and let us know what applies to our activities rather than giving us irrelevant regulations. ![Risk management consultancy](https://ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/cropped-drew-beamer-9uX5cX1l3bw-unsplash-scaled-1.jpg) #### Steve W. Quality Manager – Europe The training was well delivered to our community teams and the feedback from our staff was always very positive. The trainer was enthusiastic and engaging. ![Risk management consultancy](https://ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/cropped-lycs-architecture-aKij95Mmus8-unsplash-scaled-1.jpg) #### John D. Director of Adult & Health Services --- ### [Restricted access](https://ashbrookeconsultants.co.uk/restricted-access/) **Published:** September 29, 2022 **Author:** Administrator **Content:** Unfortunately the page you are trying to access contains material restricted to clients. If you would like to find out how we can assist your business [please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). --- ### [ISO 45001](https://ashbrookeconsultants.co.uk/iso-45001/) **Published:** September 24, 2026 **Author:** Administrator **Content:** ## ISO 45001 and the Legal Register: What you Need to Know ### **What is ISO 45001?** [ISO 45001](https://www.iso.org/es/norma/45001) is the international standard for Occupational Health & Safety (OH&S) Management Systems. It gives organisations a framework to reduce workplace injury and ill health, provide safe working conditions, and continually improve OH&S performance. Certification demonstrates a credible, systematic approach to protecting your workforce — increasingly expected by clients, insurers and regulators alike. ### **Where the legal register sits in ISO 45001** As with ISO 14001, this requirement is explicit. **Clause 6.1.3 (Legal Requirements and Other Requirements)** requires organisations to: - Determine and have access to up-to-date legal requirements and other requirements applicable to their OH&S hazards, [risks and management system](https://ashbrookeconsultants.co.uk/compliance/what-happens-if-your-legal-register-is-out-of-date/) - Determine how these requirements apply to the organisation and what needs to be communicated - Take them into account when establishing, implementing and maintaining the OH&S [management system](https://ashbrookeconsultants.co.uk/environment/all-you-need-to-know-about-permit-management-systems/) ![ISO 45001 legal register](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/Compliance-1024x576.jpg)*[ISO 45001](https://www.iso.org/standard/45001 "ISO 45001") requires you to identify your legal obligations.* This is evidenced through a **[legal register](https://ashbrookeconsultants.co.uk/compliance/what-does-an-iso-45001-legal-register-need-to-contain/)** covering health and safety legislation, approved codes of practice, HSE guidance, and any other applicable requirements. Clause 9.1.2 requires periodic evaluation of [compliance against the register](https://ashbrookeconsultants.co.uk/bespoke-legal-registers/), and clause 5.2 (OH&S policy) requires a commitment to fulfilling these obligations — so the register underpins several parts of the standard at once. **What does a [health & safety](https://ashbrookeconsultants.co.uk/health-and-safety/leading-health-safety-at-work/) legal register cover?** For each entry, a well-built register typically records: - The legislation, ACOP, or guidance it relates to - The specific hazards or activities it applies to in your organisation - Controls and actions demonstrating compliance - Responsible person(s) - Review dates, given how frequently H&S guidance and enforcement expectations shift ## **Why a bespoke register is essential** A generic template register misses sector-specific hazards (e.g. [work at height](https://ashbrookeconsultants.co.uk/health-and-safety/working-at-height/), confined spaces, occupational disease exposure, lone working) and doesn’t reflect the actual risk profile of your operations. A [bespoke register](https://ashbrookeconsultants.co.uk/compliance/the-difference-between-generic-and-bespoke-legal-registers/) is built around: - Your specific work activities, sites and hazards - Sector-specific legislation and ACOPs relevant to your industry - The jurisdictions you operate in - Direct alignment with clauses 6.1.3, 9.1.2 and 5.2, so it stands up to auditor scrutiny ## **How Ashbrooke can help** We build and maintain bespoke OH&S legal registers that fully satisfy ISO 45001 requirements. Our service includes: - A hazard and activity review to identify every applicable legal and other requirement - A structured, audit-ready register mapped to clause 6.1.3 - Ongoing [legislative monitoring so your register](https://ashbrookeconsultants.co.uk/governance/do-i-really-need-a-legislation-register/) never falls out of date - Support with the compliance evaluation required under clause 9.1.2 - Practical gap-closure guidance and audit support **[Get in touch to discuss a bespoke health & safety legal register for your business](https://ashbrookeconsultants.co.uk/contact-us/)** --- ### [Training](https://ashbrookeconsultants.co.uk/training/) **Published:** September 24, 2026 **Author:** Administrator **Content:** Here are a selection of courses we offer. If you would like to know more about our online or face-to-face training courses, [please contact one of our team.](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us") ![](https://ashbrookeconsultants.co.uk/wp-content/uploads/2024/07/Slide-Tilte-1-1024x576.png)Failure to include health and safety as a key business risk in board decisions can have catastrophic results. Many high-profile safety cases over the years have been rooted in failures of leadership. [Health and safety](https://ashbrookeconsultants.co.uk/governance/do-i-really-need-a-legislation-register/) law places duties on organisations and employers, and directors can be personally liable when these duties are breached: members of the board have both collective and individual responsibility for health and safety within their organisation. The course is delivered by a director and barrister with over 10 years’ experience in strategic health and safety management. ![](https://ashbrookeconsultants.co.uk/wp-content/uploads/2024/07/Title-Slide-1024x576.png)The course provides an introduction to the [ISO 9001](https://www.iso.org/standard/9001 "ISO 9001"):2015 Quality Management Standard requirements. The course details each requirement of the standard and how this can be achieved in a quality [management system](https://ashbrookeconsultants.co.uk/environment/all-you-need-to-know-about-permit-management-systems/) for an organisation. Practical examples provide an insight into the implementation and operation of quality [management systems](https://ashbrookeconsultants.co.uk/governance/risk-management-in-the-uk/) in a variety of business sectors. ![](https://ashbrookeconsultants.co.uk/wp-content/uploads/2024/07/Title-Slide-1-1024x576.png)Asbestos can be found in any building built before the year 2000 (houses, factories, offices, schools, hospitals etc) and causes around 5,000 deaths every year. Workers and supervisors must be able to recognise asbestos-containing materials (ACMs) and know what to do if they come across them in order to protect themselves and others. Information, instruction and training for asbestos awareness is intended to give workers, supervisors and managers the information they need to avoid work that may disturb asbestos during any normal work which could disturb the fabric of a building, or other item which might contain asbestos. It will not prepare workers, or self-employed contractors, to carry out work with asbestos-containing materials. If a worker is planning to carry out work that will disturb ACMs, further information, instruction and training will be needed. Upon completion of the course, delegates will be able to demonstrate an understanding of: - the properties of asbestos and its effects on health, including the increased risk of developing lung cancer for asbestos workers who smoke - the types, uses and likely occurrence of asbestos and asbestos materials in buildings and plant - the general procedures to deal with an emergency, e.g., an uncontrolled release of asbestos dust into the workplace - how to avoid the risk of exposure to asbestos --- ### [Legislation Case Study](https://ashbrookeconsultants.co.uk/legislation-case-study/) **Published:** August 2, 2020 **Author:** Administrator **Content:** In this legislation case study, we provide an overview of our support to a client in ensuring legal compliance. Our consultants worked with Europe’s leading manufacturing company to develop a legislation register for use in their business risk management systems. We worked with the client to understand the business operations and processes so that relevant legislation could be identified. The [register identified the key legislation](https://ashbrookeconsultants.co.uk/governance/do-i-really-need-a-legislation-register/) applicable to the company and its operations and provided a detailed summary of the requirements. Both [European](https://european-union.europa.eu/institutions-law-budget/law/find-legislation_en) and [UK legislation](https://www.legislation.gov.uk/) was included (pre Brexit) in the project. In addition, the document detailed the procedures and other controls in place for each legislative element to ensure the company complied with the law. The legislation register provided assurance to the company directors and the board that controls were in place for each [legislative requirement](https://ashbrookeconsultants.co.uk/governance/why-your-company-needs-a-legislation-register/) thereby managing risk effectively. ![legislation](http://www.ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/mahosadha-ong-lSdxCqutMKE-unsplash-1-1024x732.jpg)If you require advice about legislation which impacts on your business operations, [please contact one of our team.](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us") --- ### [Risk Management Case Study](https://ashbrookeconsultants.co.uk/risk-management-case-study/) **Published:** August 2, 2020 **Author:** Administrator **Content:** A waste management company required a comprehensive risk management system to be introduced as part of a major reorganisation. One of our waste specialists worked with the board directors in developing and implementing a full risk management solution. The system comprised of financial, logistics, regulatory and legal analytical tools and benchmarks which helped identify business risks and put in place measures to eliminate or reduce those risks. Risk appetite appraisal was also undertaken to develop a policy for future [risk management](https://ashbrookeconsultants.co.uk/health-and-safety/asbestos-risk/) within the company. Risk appetite is the level of risk that an organisation is prepared to accept in pursuit of its objectives, before action is deemed necessary to reduce the risk. It represents a balance between the potential benefits of innovation and the threats, that change inevitably brings. The [ISO 31000 risk management standard ](https://www.iso.org/iso-31000-risk-management.html/)refers to risk appetite as the “Amount and type of risk that an organization is prepared to pursue, retain or take”. Following the successful assignment the company sold its commercial arm in a multimillion pound deal. ![risk management](http://www.ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/work-rope-roof-recreation-jumping-repair-732451-pxhere.com_-1024x768.jpg)If you require risk management advice or support for your business, [please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). --- ### [Services](https://ashbrookeconsultants.co.uk/services/) **Published:** August 2, 2020 **Author:** Administrator **Content:** Ashbrooke Management Consultants provide innovative services to organisations to effectively manage risk, exceed business objectives and realise their full potential. Risk management is our business and our experienced consultants provide the following services to clients; - Health and safety management - Environmental management - [Food safety](https://ashbrookeconsultants.co.uk/food-safety/peanut-allergy-breach/) management - Corporate governance and compliance - Quality management systems - Crisis management and response - Business continuity planning and business resilience - Preservation, protection and defence of assets, processes and reputation - Evaluation of compliance with regulatory requirements - Associated senior staff training If you would like to find out how we can support your organisation, [please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). --- ### [Health and Safety Case Study](https://ashbrookeconsultants.co.uk/health-safety-case-study/) **Published:** August 2, 2020 **Author:** Administrator **Content:** Ensuring a high standard of health and safety in any business is important but also financially prudent. Accidents can lead to increased sickness levels, poor moral, claims and potential prosecution by regulators like the [Health and Safety Executive.](https://www.hse.gov.uk/) Our expert consultants worked with a regional plant hire firm to implement a full health and safety management system across all the company’s operations. We identified the potential safety risks associated with the company’s operations speaking to the management team, operational staff as well as customers. Procedures were then developed to mitigate the risks in consultation with staff ensuring a positive change in organisational culture and improving [safety](https://ashbrookeconsultants.co.uk/health-and-safety/construction-site-safety/) performance. Following the implementation of the system the company was successful in tendering for a local authority contract achieving a high standard in the procurement assessment of [health and safety](https://ashbrookeconsultants.co.uk/health-and-safety/school-technician-lost-a-finger/). ![](http://www.ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/workers.jpg)If you require health and safety advice or support for your business, [please contact one of our team.](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us") --- ### [ISO 9001](https://ashbrookeconsultants.co.uk/iso-9001/) **Published:** September 24, 2026 **Author:** Administrator **Content:** ## **ISO 9001 and the Legal Register: What You Need to Know** ### **What is ISO 9001?** [ISO 9001](https://www.iso.org/es/norma/9001) is the world’s most widely used standard for Quality Management Systems (QMS). It sets out a framework of requirements that help organisations consistently deliver products and services that meet customer and regulatory expectations, while driving continual improvement. Certification demonstrates to customers, regulators and stakeholders that your business has robust, auditable processes in place. ![ISO 9001 legal register](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/tumisu-audit-4189560_1920-1024x678.jpg)*ISO 9001 requires you to know your legal obligations*. ## **Where legal compliance fits into ISO 9001** [Legal and regulatory compliance](https://ashbrookeconsultants.co.uk/health-and-safety/appointing-a-competent-person/) runs through several parts of the standard: - **Clause 4.1** requires you to understand the external issues relevant to your organisation’s context — including legal and regulatory factors. - **Clause 4.2** requires you to identify the relevant requirements of interested parties, which frequently includes statutory and regulatory bodies. - **Clause 8.2.2** requires you to determine the statutory and regulatory requirements applicable to your products and services before you commit to supplying them. In practice, most organisations meet these requirements — and provide clear audit evidence — by maintaining a **register of legal and other requirements** (often called a [“legal register”](https://ashbrookeconsultants.co.uk/bespoke-legal-registers/)). This is also the explicit, named requirement under ISO 14001 (clause 6.1.3) and [ISO 45001](https://www.iso.org/standard/45001 "ISO 45001") (clause 6.1.3), so if you hold or are pursuing certification to those standards too, a legal register becomes essential rather than optional. ## **What is a legal register?** A legal register is a living document that lists every piece of legislation, regulation, [code of practice](https://ashbrookeconsultants.co.uk/food-safety/food-law-code-consultation/), and other requirement relevant to your organisation’s operations. For each entry, it typically records: - The legislation or requirement and what it covers - How it applies to your specific operations - The actions or controls needed to demonstrate compliance - Who is responsible for maintaining that compliance - Review dates, to keep pace with legislative change Done well, a [legal](https://ashbrookeconsultants.co.uk/compliance/keeping-it-legal/) register isn’t just a compliance checkbox — it’s a practical risk-management tool that gives management real visibility of legal exposure. ## **Why a bespoke legal register beats a generic template** Off-the-shelf [legal registers](https://ashbrookeconsultants.co.uk/compliance/health-safety-legal-register-vs-compliance-audit-what-is-the-difference/) are built for “*an organisation like yours*” — not specifically yours. They often include irrelevant legislation, miss sector-specific requirements, and quickly go out of date. A bespoke register is built around: - Your actual sites, activities, and industry sector - The jurisdictions you operate in (e.g. GB, Northern Ireland, Isle of Man, Republic of Ireland) - Your existing [management systems](https://ashbrookeconsultants.co.uk/environment/all-you-need-to-know-about-permit-management-systems/), so it integrates cleanly with your QMS, EMS or OH&S system - A structure your auditors will recognise and accept without query ## **How Ashbrooke can help** We build and maintain bespoke legal registers that satisfy the requirements of [ISO 9001](https://www.iso.org/standard/9001 "ISO 9001"), ISO 14001 and ISO 45001. Our service includes: - A full review of your operations to identify every applicable legal requirement - A clearly structured, audit-ready register mapped to the relevant standard’s clauses - Ongoing legislative monitoring, so your register stays current as laws change - Practical guidance on closing any compliance gaps we identify - Support during external [audits and certification](https://ashbrookeconsultants.co.uk/compliance/safe-systems-of-work/) reviews Whether you’re preparing for first-time certification or need to bring an existing register up to standard, we’ll build you a [legal register](https://ashbrookeconsultants.co.uk/compliance/what-does-an-iso-45001-legal-register-need-to-contain/) that stands up to scrutiny — and actually helps you manage risk day to day. **[Get in touch to discuss a bespoke legal register for your business](https://ashbrookeconsultants.co.uk/contact-us/)** --- ### [ISO 14001](https://ashbrookeconsultants.co.uk/iso-14001/) **Published:** September 24, 2026 **Author:** Administrator **Content:** ## **ISO 14001 and the Legal Register: What You Need to Know** ### **What is ISO 14001?** [ISO 14001](https://www.iso.org/es/norma/14001) is the international standard for Environmental Management Systems (EMS). It provides a framework for organisations to manage their environmental responsibilities systematically — controlling environmental impact, meeting compliance obligations, and driving continual improvement in environmental performance. Certification signals to customers, regulators and stakeholders that environmental risk is being actively and credibly managed. ![ISO 14001 legal register](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/DSC02005-1024x768.jpg)*ISO 14001 requires a legal register detailing your business obligations.* ## **Where the legal register sits in ISO 14001** Unlike [ISO 9001](https://ashbrookeconsultants.co.uk/iso-9001/), ISO 14001 names this requirement explicitly. **Clause 6.1.3 (Compliance Obligations)** requires organisations to: - Determine and have access to the legal requirements and other requirements relevant to their environmental aspects - Determine how these requirements apply to the organisation - Take these requirements into account when establishing, implementing and maintaining the EMS - Keep this information up to date This is almost always evidenced through a **[register of legal](https://ashbrookeconsultants.co.uk/compliance/health-safety-legal-register-vs-compliance-audit-what-is-the-difference/) and other requirements** — a live record mapping every applicable environmental law, permit condition, and regulatory obligation to your actual operations. Clause 9.1.2 then requires you to periodically *evaluate* [compliance against this register](https://ashbrookeconsultants.co.uk/governance/do-i-really-need-a-legislation-register/), so it isn’t a one-off document — it needs to be maintained and actively checked. ## **What does an environmental legal register cover?** For each relevant requirement, a good register typically records: - The legislation, permit, licence or consent it relates to - How it applies to your specific sites, processes or emissions - The controls or actions in place to demonstrate compliance - Responsible person(s) - Evidence of compliance and review dates Environmental legislation is particularly prone to change — new regulations, updated permit conditions, evolving [waste](https://ashbrookeconsultants.co.uk/environment/all-you-need-to-know-about-permit-management-systems/) and emissions rules — so keeping the register current is often the hardest part for organisations to manage internally. ## **Why a bespoke register matters more here than almost anywhere else** Generic [environmental legal registers](https://ashbrookeconsultants.co.uk/) are a common cause of audit non-conformities, because environmental obligations are highly site- and activity-specific: a manufacturing site with a permitted discharge consent has entirely different obligations to an office-based service business. A [bespoke register](https://ashbrookeconsultants.co.uk/bespoke-legal-registers/) is built around: - Your specific sites, processes, and environmental aspects (waste, emissions, water, energy, etc.) - Permits, licences and consents you actually hold - The jurisdictions you operate in - Direct alignment with clauses 6.1.3 and 9.1.2, so auditors can trace compliance straight through ## **How Ashbrooke can help** We design and maintain bespoke environmental legal registers that satisfy [ISO 14001](https://www.iso.org/standard/14001 "ISO 14001") requirements in full. Our service includes: - Identification of your organisation’s environmental aspects and applicable legislation - A structured, audit-ready register mapped directly to clause 6.1.3 - Ongoing monitoring of legislative and permit changes - Support with the periodic compliance evaluation required under clause 9.1.2 - Audit and certification support **[Get in touch to discuss a bespoke environmental legal register for your business](https://ashbrookeconsultants.co.uk/contact-us/)** --- ### [Clients](https://ashbrookeconsultants.co.uk/clients/) **Published:** October 21, 2022 **Author:** Administrator **Content:** ![Knowledge Base](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/Knowledge-Base-ashbrooke-office-2-300x169.jpg)**[Knowledge Base](https://ashbrookeconsultants.co.uk/client-knowledge-base/)**![Glossary](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/Glossary-ashbrooke-office-2-300x169.jpg)**[Glossary](https://ashbrookeconsultants.co.uk/glossary/)**![Student](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/Student-ashbrooke-office-2-300x169.jpg)**[Student Area](https://ashbrookeconsultants.co.uk/account/)** --- ### [FAQ](https://ashbrookeconsultants.co.uk/faq/) **Published:** September 19, 2026 **Author:** Administrator **Content:** Looking for a bespoke legal register for your organisation? A legal register provides a structured record of the health and safety and environmental legislation and other legal requirements relevant to your business. Our registers are tailored to each client’s activities, locations and jurisdictions, rather than relying on a generic list of legislation. Need a bespoke legal register? [Contact us to discuss your organisation’s requirements](https://ashbrookeconsultants.co.uk/contact-us/). ## Frequently Asked Questions ### Legal Registers - Why outsource legal register maintenance to a specialist consultancy? Maintaining a useful legal register requires more than compiling a list of legislation. It involves understanding the client’s activities, identifying relevant legal requirements, monitoring changes and assessing their relevance. Outsourcing can provide access to specialist knowledge and a structured monitoring process while allowing the organisation to retain ownership of its legal compliance responsibilities. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - How can I improve my existing legal register? Start by checking whether the register reflects the organisation’s current activities, sites and jurisdictions. Then assess whether relevant legislation is missing, obsolete legislation remains included, legislative changes are being monitored and responsibilities for compliance are clear. The register should also be integrated with the organisation’s compliance evaluation and management system processes. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - What is the difference between a legal register and legal advice? A legal register is a compliance-management tool that identifies applicable legal requirements. Legal advice involves applying law to particular facts and providing advice on a specific legal issue. A register should not be regarded as a substitute for specialist legal advice where an organisation requires an interpretation of law or advice concerning a particular dispute or legal matter. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - Can a legal register include health and safety requirements for contractors? Potentially. The organisation’s legal responsibilities concerning contractors depend on the jurisdiction, activities and circumstances. Where contractor management creates applicable legal requirements, these can be identified within the relevant health and safety compliance framework. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - Can a legal register include environmental permits? Yes. Where an organisation’s activities require environmental permits or similar authorisations, these can form part of the organisation’s compliance obligations. The register or associated compliance system should identify the relevant authorisation and the obligations arising from it. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - Can a legal register include permits and licences? Where relevant, yes. Environmental and health and safety compliance can involve permits, licences, consents, approvals and other legally binding requirements in addition to legislation. These should be clearly distinguished from general legislation and incorporated into the compliance framework where they fall within the agreed scope. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - Can a legal register be used by large or multi-site organisations? Yes. Larger organisations can use legal registers to create a consistent framework for identifying requirements across multiple sites, business activities and jurisdictions. The register can also help identify common corporate requirements alongside site-specific obligations. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - Can you create a legal register for a small business? Yes. Small businesses can have significant legal obligations, even where their operations are relatively straightforward. A proportionate bespoke register can identify the health and safety and environmental requirements relevant to the business without introducing unnecessary complexity. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - How long does it take to create a bespoke legal register? The timescale depends on the scope and complexity of the organisation. Factors include the number of sites, activities, jurisdictions and legislative subject areas involved. A focused single-site register can normally be developed more quickly than a complex multi-site or multi-jurisdiction register. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - What information do you need to create my legal register? The information required will depend on the organisation. Relevant information can include business activities, products and services, locations, processes, equipment, substances, waste streams, environmental aspects, workforce arrangements, contractors and applicable permits or licences. Understanding the organisation’s activities is essential to determining which legal requirements are relevant. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - Can you identify legislation that does not apply to my business? Yes. Determining what does not apply can be an important part of creating a useful bespoke register. The purpose is not simply to accumulate legislation but to establish which legal requirements are relevant to the organisation. Where appropriate, the basis for excluding particular areas of legislation can also be documented. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - What is included in a professional legal register service? The scope can vary, but a professional service may include identification of applicable legislation, assessment of relevance, preparation of the register, identification of legislative changes, periodic updates and supporting information. The service should be tailored to the client’s activities and agreed scope rather than relying on an identical template for every organisation. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - Will a legal register guarantee that I pass my ISO audit? No. An effective legal register can support an ISO management system, but certification depends on the organisation meeting the applicable requirements of the standard and demonstrating that its management system is effectively implemented. The register is one component of a broader system of compliance and management controls. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - Can a legal register help me prepare for an ISO audit? Yes. A well-maintained legal register can provide useful documented evidence that applicable legal and other requirements have been identified and controlled. It can also help auditors understand how the organisation identifies its compliance obligations. However, an auditor will normally consider the wider management system and evidence of implementation and compliance, not the register alone. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - Can you keep my legal register up to date? Yes. A legal register can be provided as a maintained service rather than a one-off document. An ongoing service can include monitoring relevant legislative developments, assessing their relevance to the organisation and updating the register when appropriate. We not only provide an update document by email but we also update your legal register, so that is something you will not need to do yourself. The precise maintenance arrangements should be agreed according to the client’s requirements. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - What happens if a law changes after my legal register has been completed? The change should be reviewed to determine whether it applies to the organisation and whether action is required. Where appropriate, the register should be amended and relevant personnel informed. Any resulting changes to procedures, controls, training, permits or other compliance arrangements should also be considered. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - How do I know if my legal register is up to date? A current register should be supported by a documented process for monitoring relevant legislative changes. Evidence may include revision dates, update histories, legislative change notifications or other records showing that changes have been considered. Simply having a recent date on the document does not, by itself, demonstrate that all relevant legislative developments have been identified. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - How often should my legal register be updated? A legal register should be maintained through a defined review and legislative-monitoring process. There is no universal interval that is appropriate for every organisation. The appropriate frequency depends on factors including the organisation’s activities, jurisdictions, legislative change and management-system requirements. Reviews should also be triggered by significant changes to the organisation or its operations. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - Can a legal register cover the Isle of Man? Yes. The Isle of Man has its own legislative and regulatory framework. A bespoke register for an organisation operating there should therefore identify the Manx requirements relevant to its activities rather than relying solely on UK legislation. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - Can a legal register cover the Republic of Ireland? Yes. A register for an organisation operating in the Republic of Ireland should be based on the Irish legislative and regulatory framework applicable to its activities. Irish requirements should not simply be assumed to be identical to those applying in the United Kingdom. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - Can you provide legal registers for businesses operating in different countries? Yes. Legal registers can be developed for organisations operating across multiple jurisdictions. Each jurisdiction needs to be considered separately because the applicable legislation, regulatory authorities and legal terminology may differ. A multi-jurisdiction register should make those distinctions clear. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - Can you provide a legal register for more than one site? Yes. A multi-site legal register can identify requirements that apply across the organisation while also identifying site-specific requirements. This can be particularly useful where sites have different activities, equipment, environmental aspects, permits or local regulatory requirements. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - Why should I have a bespoke legal register rather than a generic one? A generic register cannot reliably determine which requirements apply to an individual business. A bespoke register is developed around the organisation’s circumstances and therefore provides a more targeted compliance resource. It can also be structured around the organisation’s management system, responsibilities and operational controls. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - Can you create a legal register specifically for my business? Yes. A genuinely bespoke legal register should be based on the organisation’s actual activities, processes, premises, equipment, services and geographical locations. This enables the register to focus on requirements that are relevant to the client rather than presenting a generic list of legislation that may contain substantial amounts of irrelevant information. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - How much does a legal register cost? The cost depends on the organisation’s size, activities, number of sites, jurisdictions and the scope of legislation that needs to be considered. A small organisation operating from one site may require a relatively focused register, whereas a multi-site or multi-jurisdiction organisation may require a considerably broader assessment and ongoing monitoring service. A bespoke quotation is therefore generally more appropriate than a standard fixed price. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - What is a bespoke legal register? A bespoke legal register is a customised document that outlines specific health, safety, and environmental legislation applicable to your business. It is tailored to the jurisdictions where your business operates, ensuring compliance with local laws and regulations. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - How often should a legal register be updated? Legal registers should be updated regularly to reflect any changes in legislation. The frequency of updates depends on the nature of your business and the jurisdictions in which you operate. Regular reviews ensure ongoing compliance and can prevent legal issues. [Read more](https://ashbrookeconsultants.co.uk/compliance/how-often-should-a-legal-register-be-updated/) If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - What happens if my legal register is out of date? If your legal register is out of date, your business may be at risk of non-compliance with current legislation. This can lead to penalties, legal action, or damage to your reputation. It’s crucial to regularly review and update your legal register to avoid these risks. [Read more](https://ashbrookeconsultants.co.uk/compliance/what-happens-if-your-legal-register-is-out-of-date/) If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). ### ISO Standards - Do I need a legal register for ISO 9001? ISO 9001 requires organisations to determine applicable statutory and regulatory requirements relating to their products and services. It does not expressly require a document called a legal register. However, maintaining a structured register or equivalent documented information can help an organisation identify and control relevant statutory and regulatory requirements. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - Do I need a legal register for ISO 45001? ISO 45001 requires organisations to establish processes for determining and accessing applicable legal and other requirements relating to occupational health and safety. A legal register can provide a clear and controlled record of those requirements and can support subsequent compliance evaluation and audit activities. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - Do I need a legal register for ISO 14001? ISO 14001 requires an organisation to determine and have access to applicable compliance obligations and to determine how those obligations apply to its environmental aspects. The standard does not specifically require a document called a legal register, but a properly structured legal register is a practical way of maintaining this information and supporting the environmental management system. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - What is ISO 9001? ISO 9001 is an international standard for Quality Management Systems. It sets criteria for a quality management system and is based on principles such as customer focus, leadership, and continual improvement. Implementing ISO 9001 helps organisations ensure they meet customer and regulatory requirements. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - How do I implement ISO 9001 in my organisation? Implementing ISO 9001 involves several steps including understanding the standard’s requirements, conducting a gap analysis, developing a quality management system, and undergoing an external audit for certification. Seeking expert guidance can streamline the process and ensure success. [Read more ](https://ashbrookeconsultants.co.uk/docs/process-of-implementing-iso-9001/) If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - What does an ISO 14001 legal register need to contain? An ISO 14001 legal register should contain all relevant environmental legislation applicable to your organisation. It includes laws, regulations, and other requirements that affect your environmental management system. Keeping this register up to date is crucial for maintaining certification. [Read more](https://ashbrookeconsultants.co.uk/environment/what-does-an-iso-14001-legal-register-need-to-contain/) If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). ### Health & Safety - Do you cover UK health and safety legislation? A specialist legal register service can cover the health and safety legislation applicable to the organisation’s activities and locations within the United Kingdom. The precise requirements depend on the activities being undertaken and the jurisdiction concerned, including the applicable legal framework in Great Britain and, where relevant, Northern Ireland. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - What are the main food safety laws in the UK? The main food safety laws in the UK include the Food Safety Act 1990, Food Hygiene Regulations 2006, and the Food Safety and Hygiene (England) Regulations 2013. These laws cover the safe preparation, handling, and storage of food to protect consumers. [Read more ](https://ashbrookeconsultants.co.uk/docs/what-are-the-main-food-safety-laws-in-the-uk/) If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - What is RIDDOR? RIDDOR stands for the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations. It requires employers to report certain workplace incidents, diseases, and dangerous occurrences to the relevant authorities. This helps to maintain safe working environments. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - How can I ensure fire safety in my business? Ensuring fire safety involves conducting regular risk assessments, installing and maintaining fire detection systems, providing staff training, and having clear evacuation procedures. Compliance with fire safety regulations is essential for protecting employees and property. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). ### Risk Management - What is risk management? Risk management is the process of identifying, assessing, and controlling threats to an organisation’s capital and earnings. These risks could stem from various sources, including financial uncertainties, legal liabilities, strategic management errors, accidents, and natural disasters. [Read more](https://ashbrookeconsultants.co.uk/governance/risk-management-in-the-uk/) If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - How can I improve my organisation’s risk management? Improving risk management involves regularly reviewing and updating risk assessments, implementing effective control measures, and fostering a culture of risk awareness within the organisation. Engaging with risk management consultants can provide expert insights and strategies. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - What role do consultants play in risk management? Consultants provide expert advice and support in developing and implementing risk management strategies. They help identify potential risks, assess their impact, and recommend practical solutions to mitigate them, ensuring that organisations remain resilient and compliant. [Risk management case study](https://ashbrookeconsultants.co.uk/risk-management-case-study/) If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). ### Environment - Does my small business need to comply with waste regulations? Under United Kingdom law, waste management, environmental protection, and environmental permitting are recognized regulatory areas. However, an organisation’s specific legal obligations depend on its unique activities, premises, processes, equipment, and operational circumstances. All businesses, regardless of size, have basic legal duties to manage, safely store and transfer their waste to a registered waste carrier or licensed recycling or disposal site. There are additional requirements to keep records of such transfers. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). - Do you cover UK environmental legislation? Yes. A bespoke environmental legal register can identify relevant environmental legislation and other legally binding requirements applicable to the organisation. The scope may include areas such as waste, emissions, water, pollution prevention, environmental permitting and hazardous substances, depending on the organisation’s activities. If you need a bespoke legal register for your business detailing your obligations,[ please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/). --- ### [Glossary](https://ashbrookeconsultants.co.uk/glossary/) **Published:** September 13, 2026 **Author:** Administrator **Content:** - [All](https://ashbrookeconsultants.co.uk/glossary/) - [A](https://ashbrookeconsultants.co.uk/glossary/?encyclopedia_prefix=A) - [B](https://ashbrookeconsultants.co.uk/glossary/?encyclopedia_prefix=B) - [C](https://ashbrookeconsultants.co.uk/glossary/?encyclopedia_prefix=C) - [D](https://ashbrookeconsultants.co.uk/glossary/?encyclopedia_prefix=D) - [E](https://ashbrookeconsultants.co.uk/glossary/?encyclopedia_prefix=E) - [F](https://ashbrookeconsultants.co.uk/glossary/?encyclopedia_prefix=F) - [G](https://ashbrookeconsultants.co.uk/glossary/?encyclopedia_prefix=G) - [H](https://ashbrookeconsultants.co.uk/glossary/?encyclopedia_prefix=H) - [I](https://ashbrookeconsultants.co.uk/glossary/?encyclopedia_prefix=I) - [J](https://ashbrookeconsultants.co.uk/glossary/?encyclopedia_prefix=J) - [K](https://ashbrookeconsultants.co.uk/glossary/?encyclopedia_prefix=K) - [L](https://ashbrookeconsultants.co.uk/glossary/?encyclopedia_prefix=L) - [M](https://ashbrookeconsultants.co.uk/glossary/?encyclopedia_prefix=M) - [N](https://ashbrookeconsultants.co.uk/glossary/?encyclopedia_prefix=N) - [O](https://ashbrookeconsultants.co.uk/glossary/?encyclopedia_prefix=O) - [P](https://ashbrookeconsultants.co.uk/glossary/?encyclopedia_prefix=P) - [Q](https://ashbrookeconsultants.co.uk/glossary/?encyclopedia_prefix=Q) - [R](https://ashbrookeconsultants.co.uk/glossary/?encyclopedia_prefix=R) - [S](https://ashbrookeconsultants.co.uk/glossary/?encyclopedia_prefix=S) - [T](https://ashbrookeconsultants.co.uk/glossary/?encyclopedia_prefix=T) - [U](https://ashbrookeconsultants.co.uk/glossary/?encyclopedia_prefix=U) - [V](https://ashbrookeconsultants.co.uk/glossary/?encyclopedia_prefix=V) - [W](https://ashbrookeconsultants.co.uk/glossary/?encyclopedia_prefix=W) - [X](https://ashbrookeconsultants.co.uk/glossary/?encyclopedia_prefix=X) - [Y](https://ashbrookeconsultants.co.uk/glossary/?encyclopedia_prefix=Y) - [Z](https://ashbrookeconsultants.co.uk/glossary/?encyclopedia_prefix=Z) A ## Accident Investigation Accident investigation is the structured process of establishing the facts surrounding a workplace incident in… [Learn More](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/accident-investigation) [→](#) [](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/accident-investigation) ## Asbestos Management Asbestos management refers to the systematic identification, assessment, and control of asbestos-containing materials within a… [Learn More](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/asbestos-management) [→](#) [](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/asbestos-management) B ## Business Continuity Plan A business continuity plan, or BCP, is a documented set of procedures and information developed… [Learn More](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/business-continuity-plan) [→](#) [](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/business-continuity-plan) C ## Carbon Footprint A carbon footprint is the total amount of greenhouse gas emissions, expressed as carbon dioxide… [Learn More](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/carbon-footprint) [→](#) [](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/carbon-footprint) ## CDM Regulations The Construction (Design and Management) Regulations, commonly known as CDM, set out the legal duties… [Learn More](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/cdm-regulations) [→](#) [](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/cdm-regulations) ## Competent Person A competent person is someone who has sufficient training, knowledge, experience, and other qualities to… [Learn More](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/competent-person) [→](#) [](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/competent-person) ## Confined Space A confined space is any place that is substantially, though not always entirely, enclosed, where… [Learn More](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/confined-space) [→](#) [](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/confined-space) ## Continuous Improvement Continuous improvement is an ongoing effort to enhance products, services, or processes through incremental and… [Learn More](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/continuous-improvement) [→](#) [](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/continuous-improvement) ## Corporate Social Responsibility Corporate Social Responsibility, or CSR, refers to the ways in which an organisation voluntarily takes… [Learn More](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/corporate-social-responsibility) [→](#) [](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/corporate-social-responsibility) ## Corrective and Preventive Action Corrective and Preventive Action, commonly abbreviated to CAPA, is a systematic approach used within quality,… [Learn More](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/corrective-and-preventive-action) [→](#) [](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/corrective-and-preventive-action) ## COSHH COSHH, the Control of Substances Hazardous to Health Regulations, is UK legislation that requires employers… [Learn More](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/coshh) [→](#) [](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/coshh) D ## Display Screen Equipment Display Screen Equipment, or DSE, refers to devices with an alphanumeric or graphic display screen,… [Learn More](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/display-screen-equipment) [→](#) [](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/display-screen-equipment) ## Duty of Care Duty of care is a legal obligation requiring an individual or organisation to take reasonable… [Learn More](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/duty-of-care) [→](#) [](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/duty-of-care) E ## Environmental Impact Assessment An Environmental Impact Assessment, or EIA, is a formal process used to evaluate the likely… [Learn More](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/environmental-impact-assessment) [→](#) [](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/environmental-impact-assessment) ## Environmental Policy An environmental policy is a formal statement of an organisation's commitment to managing its environmental… [Learn More](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/environmental-policy) [→](#) [](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/environmental-policy) ## ESG ESG stands for Environmental, Social, and Governance, a framework used to evaluate an organisation's performance… [Learn More](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/esg) [→](#) [](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/esg) Load More --- ### [Client Knowledge Base](https://ashbrookeconsultants.co.uk/client-knowledge-base/) **Published:** August 27, 2022 **Author:** Administrator **Content:** --- ### [Contact Us](https://ashbrookeconsultants.co.uk/contact-us/) **Published:** August 2, 2020 **Author:** Administrator **Content:** Please contact us if you require risk management advice and support for your business, we would be happy to discuss your requirements. Further details of our services can be found on our [Services page](https://ashbrookeconsultants.co.uk/services/ "Services"). We work in a broad range of industry sectors and we have a selection of [case studies on projects ](https://ashbrookeconsultants.co.uk/case-studies/ "Case Studies")we have undertaken for clients. Please contact us using the form below: Your name Your email Subject Your message (optional) Δ --- ### [Client Portal](https://ashbrookeconsultants.co.uk/client-portal/) **Published:** September 5, 2026 **Author:** Administrator **Content:** Client A – Widget Corp. This is the private test page for client A --- ### [Resources](https://ashbrookeconsultants.co.uk/resources/) **Published:** August 18, 2022 **Author:** Administrator **Content:** **Category** **Document** **Download** Health & Safety INDG417 Leading health & safety [Download label ](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/07/indg417-Directors.pdf) Environment Download label Quality --- ### [Cookie Policy (UK)](https://ashbrookeconsultants.co.uk/cookie-policy-uk/) **Published:** August 17, 2022 **Author:** Administrator **Content:** *This Cookie Policy was last updated on 28 September 2026 and applies to citizens and legal permanent residents of the United Kingdom.* ## 1. Introduction Our website, (hereinafter: "the website") uses cookies and other related technologies (for convenience all technologies are referred to as "cookies"). Cookies are also placed by third parties we have engaged. In the document below we inform you about the use of cookies on our website. ## 2. What are cookies? A cookie is a small simple file that is sent along with pages of this website and stored by your browser on the hard drive of your computer or another device. The information stored therein may be returned to our servers or to the servers of the relevant third parties during a subsequent visit. ## 3. What are scripts? A script is a piece of program code that is used to make our website function properly and interactively. This code is executed on our server or on your device. ## 4. What is a web beacon? A web beacon (or a pixel tag) is a small, invisible piece of text or image on a website that is used to monitor traffic on a website. In order to do this, various data about you is stored using web beacons. ## 5. Cookies ### 5.1 Technical or functional cookies Some cookies ensure that certain parts of the website work properly and that your user preferences remain known. By placing functional cookies, we make it easier for you to visit our website. This way, you do not need to repeatedly enter the same information when visiting our website and, for example, the items remain in your shopping cart until you have paid. We may place these cookies without your consent. ### 5.2 Statistics cookies We use statistics cookies to optimize the website experience for our users. With these statistics cookies we get insights in the usage of our website. We ask your permission to place statistics cookies. ### 5.3 Advertising cookies On this website we use advertising cookies, enabling us to gain insights into the campaign results. This happens based on a profile we create based on your behaviour on . With these cookies you, as website visitor, are linked to a unique ID but these cookies will not profile your behaviour and interests to serve personalized ads. 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[Read more about OptinMonster](https://cookiedatabase.org/service/optinmonster/) #### Sharing data This data is not shared with third parties. #### Statistics ##### Name [omVisitsFirst](https://cookiedatabase.org/cookie/optinmonster/omvisitsfirst/) ##### Expiration persistent ##### Function Store a unique user ID ### Elementor Statistics (anonymous) Consent to service elementor #### Usage We use Elementor for content creation. [Read more about Elementor](https://cookiedatabase.org/service/elementor/) #### Sharing data This data is not shared with third parties. #### Statistics (anonymous) ##### Name [elementor](https://cookiedatabase.org/cookie/elementor/elementor/) ##### Expiration persistent ##### Function Store performed actions on the website ### Complianz Functional Consent to service complianz #### Usage We use Complianz for cookie consent management. 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For more information, please read the [Complianz Privacy Statement](https://complianz.io/legal/privacy-statement/). #### Functional ##### Name [cmplz\_id](https://cookiedatabase.org/cookie/complianz/cmplz_id/) ##### Expiration 365 days ##### Function Store cookie consent preferences ##### Name [cmplz\_user\_data](https://cookiedatabase.org/cookie/complianz/cmplz_user_data/) ##### Expiration 365 days ##### Function Read to determine which cookie banner to show ##### Name [cmplz\_banner-status](https://cookiedatabase.org/cookie/complianz/cmplz_banner-status/) ##### Expiration 365 days ##### Function Store if the cookie banner has been dismissed ##### Name [cmplz\_consented\_services](https://cookiedatabase.org/cookie/complianz/cmplz_consented_services/) ##### Expiration 365 days ##### Function Store cookie consent preferences ##### Name [cmplz\_functional](https://cookiedatabase.org/cookie/complianz/cmplz_functional/) ##### Expiration 365 days ##### Function Store cookie consent preferences ##### Name [cmplz\_marketing](https://cookiedatabase.org/cookie/complianz/cmplz_marketing/) ##### Expiration 365 days ##### Function Store cookie consent preferences ##### Name [cmplz\_policy\_id](https://cookiedatabase.org/cookie/complianz/cmplz_policy_id/) ##### Expiration 365 days ##### Function Store accepted cookie policy ID ##### Name [cmplz\_preferences](https://cookiedatabase.org/cookie/complianz/cmplz_preferences/) ##### Expiration 365 days ##### Function Store cookie consent preferences ##### Name [cmplz\_saved\_categories](https://cookiedatabase.org/cookie/complianz/cmplz_saved_categories/) ##### Expiration 365 days ##### Function Store cookie consent preferences ##### Name [cmplz\_saved\_services](https://cookiedatabase.org/cookie/complianz/cmplz_saved_services/) ##### Expiration 365 days ##### Function Store cookie consent preferences ##### Name [cmplz\_statistics](https://cookiedatabase.org/cookie/complianz/cmplz_statistics/) ##### Expiration 365 days ##### Function Store cookie consent preferences ### Automattic Statistics Consent to service automattic #### Usage We use Automattic for website development. [Read more about Automattic](https://cookiedatabase.org/service/automattic/) #### Sharing data For more information, please read the [Automattic Privacy Statement](https://automattic.com/cookies/). #### Statistics ##### Name [tk\_qs](https://cookiedatabase.org/cookie/automattic/tk_qs/) ##### Expiration 30 minutes ##### Function Provide functions across pages ### Miscellaneous Purpose pending investigation Consent to service miscellaneous #### Usage #### Sharing data Sharing of data is pending investigation #### Purpose pending investigation ##### Name loglevel ##### Expiration ##### Function ##### Name aam-subject ##### Expiration ##### Function ##### Name tusSupport ##### Expiration ##### Function ##### Name __mpq_a36067b00a263cce0299cfd960e26ecf_ev ##### Expiration ##### Function ##### Name [wpc\*](https://cookiedatabase.org/cookie/unknown-service/wpc/) ##### Expiration ##### Function ##### Name _cltk ##### Expiration ##### Function ##### Name [intercom.intercom-state-\*](https://cookiedatabase.org/cookie/unknown-service/intercom-intercom-state-wpw7b2pq/) ##### Expiration ##### Function ##### Name cfEmail ##### Expiration ##### Function ##### Name vue-colorpicker-history ##### Expiration ##### Function ##### Name omWpApi ##### Expiration ##### Function ##### Name activated_addons ##### Expiration ##### Function ##### Name [hustle-hide-module-\*](https://cookiedatabase.org/cookie/unknown-service/hustle-hide-module/) ##### Expiration ##### Function ##### Name betterdocs_admin_tab ##### Expiration ##### Function ##### Name docs_visited_4209 ##### Expiration ##### Function ##### Name docs_visited_4206 ##### Expiration ##### Function ##### Name isReturningVisitor3953 ##### Expiration ##### Function ##### Name localTimeZone ##### Expiration ##### Function ##### Name betterdocsQswTabNumberTracking ##### Expiration ##### Function ##### Name referer_url ##### Expiration ##### Function ##### Name emoji-mart.frequently ##### Expiration ##### Function ##### Name WP_PREFERENCES_USER_1 ##### Expiration ##### Function ##### Name emoji-mart.last ##### Expiration ##### Function ##### Name _clsk ##### Expiration ##### Function ##### Name CLID ##### Expiration ##### Function www.clarity.ms ##### Name MR ##### Expiration ##### Function .c.bing.com ##### Name SRM_B ##### Expiration ##### Function .c.bing.com ##### Name SM ##### Expiration ##### Function .c.clarity.ms ##### Name last_page_visited ##### Expiration ##### Function ##### Name 637d2c239043970103986000.clientId ##### Expiration ##### Function ##### Name 637d2c239043970103986000.appUserId ##### Expiration ##### Function ##### Name ZD-buid ##### Expiration ##### Function ##### Name ZD-suid ##### Expiration ##### Function ##### Name eael_screen ##### Expiration ##### Function ##### Name betterdocs_temp_key ##### Expiration ##### Function ##### Name betterdocs_is_valid ##### Expiration ##### Function ##### Name wpEmojiSettingsSupports ##### Expiration ##### Function ##### Name intercom-device-id-r70azrgx ##### Expiration ##### Function ##### Name intercom-session-r70azrgx ##### Expiration ##### Function ##### Name extCacheFunc ##### Expiration ##### Function ##### Name wp_lang ##### Expiration ##### Function ##### Name wordpress_rec_a1b7b8600f883f13b8dfa7e8b80bd3ee ##### Expiration ##### Function ##### Name extMercCt ##### Expiration ##### Function ##### Name csHsty ##### Expiration ##### Function ##### Name mp_tab_id_mixpanel_a36067b00a263cce0299cfd960e26ecf ##### Expiration ##### Function ##### Name mp_gen_new_tab_id_mixpanel_a36067b00a263cce0299cfd960e26ecf ##### Expiration ##### Function ##### Name __mpq_517e881edc2636e99a2ecf013d8134d3_ev ##### Expiration ##### Function ##### Name __mpq_517e881edc2636e99a2ecf013d8134d3_pp ##### Expiration ##### Function ##### Name DataTables_policy_list_/wp-admin/admin.php ##### Expiration ##### Function ##### Name bd_v_5410 ##### Expiration ##### Function ##### Name DataTables_role_identity_list_/wp-admin/admin.php ##### Expiration ##### Function ##### Name DataTables_user_identity_list_/wp-admin/admin.php ##### Expiration ##### Function ##### Name mi_cache_registry ##### Expiration ##### Function ##### Name betterdocs_admin_dark_mode ##### Expiration ##### Function ##### Name bd_v_5486 ##### Expiration ##### Function ##### Name bd_v_5638 ##### Expiration ##### Function ##### Name betterdocs-analytics-badge-seen-links ##### Expiration ##### Function ##### Name filebird ##### Expiration ##### Function ##### Name hs-beacon-9fe52dca-2c60-4179-98f6-25abfcf6927b-shown-animation ##### Expiration ##### Function ##### Name betterdocs-analytics-badge-seen-search ##### Expiration ##### Function ##### Name bd_v_4206 ##### Expiration ##### Function ##### Name bd_v_4209 ##### Expiration ##### Function ##### Name bd_v_5421 ##### Expiration ##### Function ##### Name bd_v_5599 ##### Expiration ##### Function ##### Name bd_v_5425 ##### Expiration ##### Function ##### Name mp_gen_new_tab_id_mixpanel_517e881edc2636e99a2ecf013d8134d3 ##### Expiration ##### Function ##### Name mp_tab_id_mixpanel_517e881edc2636e99a2ecf013d8134d3 ##### Expiration ##### Function ## 7. Consent When you visit our website for the first time, we will show you a pop-up with an explanation about cookies. As soon as you click on "Save preferences", you consent to us using the categories of cookies and plug-ins you selected in the pop-up, as described in this Cookie Policy. You can disable the use of cookies via your browser, but please note that our website may no longer work properly. ### 7.1 Manage your consent settings You have loaded the Cookie Policy without javascript support. On AMP, you can use the manage consent button on the bottom of the page. ## 8. Enabling/disabling and deleting cookies You can use your internet browser to automatically or manually delete cookies. You can also specify that certain cookies may not be placed. Another option is to change the settings of your internet browser so that you receive a message each time a cookie is placed. For more information about these options, please refer to the instructions in the Help section of your browser. Please note that our website may not work properly if all cookies are disabled. If you do delete the cookies in your browser, they will be placed again after your consent when you visit our website again. ## 9. Your rights with respect to personal data You have the following rights with respect to your personal data: - You have the right to know why your personal data is needed, what will happen to it, and how long it will be retained for. - Right of access: You have the right to access your personal data that is known to us. - Right to rectification: you have the right to supplement, correct, have deleted or blocked your personal data whenever you wish. - If you give us your consent to process your data, you have the right to revoke that consent and to have your personal data deleted. - Right to transfer your data: you have the right to request all your personal data from the controller and transfer it in its entirety to another controller. - Right to object: you may object to the processing of your data. We comply with this, unless there are justified grounds for processing. To exercise these rights, please contact us. Please refer to the contact details at the bottom of this Cookie Policy. If you have a complaint about how we handle your data, we would like to hear from you, but you also have the right to submit a complaint to the supervisory authority (the Information Commissioner's Office (ICO)). ## 10. Contact details For questions and/or comments about our Cookie Policy and this statement, please contact us by using the following contact details: Ashbrooke Management Consultants Limited United Kingdom Website: Email: enquiries@ex.comashbrookeconsultants.co.uk Phone number: 07754118146 This Cookie Policy was synchronised with [cookiedatabase.org](https://cookiedatabase.org/) on 15 October 2026. --- ### [Imprint](https://ashbrookeconsultants.co.uk/imprint/) **Published:** August 17, 2022 **Author:** Administrator **Content:** *This imprint was last updated on 28 September 2026.* ### The owner of this website is: Ashbrooke Management Consultants Limited (Limited Company) United Kingdom Email: enquiries@ex.comashbrookeconsultants.co.uk Phone number: 07754118146 ### The legal representative(s) of Ashbrooke Management Consultants Limited (Limited Company): Director ## 1. General ### 1.1 We are registered at Companies House (https://www.gov.uk/get-information-about-a-company) under the licence or registration number: 08621912 We are willing or obliged to participate in dispute resolution procedures before a consumer arbitration board. --- ### [Disclaimer](https://ashbrookeconsultants.co.uk/disclaimer/) **Published:** August 17, 2022 **Author:** Administrator **Content:** Ashbrooke Management Consultants Limited is committed to keeping this website up to date and accurate. Should you nevertheless encounter anything that is incorrect or out of date, we would appreciate it if you could let us know. Please indicate where on the website you read the information. We will then look at this as soon as possible. Please send your response by email to: enquiries@ex.comashbrookeconsultants.co.uk. We are not liable for loss as a result of inaccuracies or incompleteness, nor for loss resulting from problems caused by or inherent to the dissemination of information through the internet, such as disruptions or interruptions. When using web forms, we strive to limit the number of required fields to a minimum. For any loss suffered as a result of the use of data, advice or ideas provided by or on behalf of Ashbrooke Management Consultants Limited via this website, Ashbrooke Management Consultants Limited accepts no liability. The use of the website and all its components (including forums) is subject to [terms of use](https://ashbrookeconsultants.co.uk/terms-conditions-2/). The mere use of this website implies the knowledge and the acceptance of these terms of use. Any personal data you provide us with in the context of your response or request for information will only be used in accordance with our privacy statement. Ashbrooke Management Consultants Limited shall make every reasonable effort to protect its systems against any form of unlawful use. Ashbrooke Management Consultants Limited shall implement appropriate technical and organisational measures to this end, taking into account, among other things, the state of the art. However, it shall not be liable for any loss whatsoever, direct and/or indirect, suffered by a user of the website, which arises as a result of the unlawful use of its systems by a third party. Ashbrooke Management Consultants Limited accepts no responsibility for the content of websites to which or from which a hyperlink or other reference is made. Products or services offered by third parties shall be subject to the applicable terms and conditions of those third parties. All intellectual property rights to content on this website are vested in Ashbrooke Management Consultants Limited or in third parties who have placed the content themselves or from whom Ashbrooke Management Consultants Limited has obtained a user licence. Copying, disseminating and any other use of these materials is not permitted without the written permission of Ashbrooke Management Consultants Limited, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote), unless specific content dictates otherwise. If you have any questions or problems with the accessibility of the website, please do not hesitate to contact us. --- ### [Cookie Policy (EU)](https://ashbrookeconsultants.co.uk/cookie-policy-eu/) **Published:** October 12, 2022 **Author:** Administrator **Content:** *This Cookie Policy was last updated on 28 September 2026 and applies to citizens and legal permanent residents of the European Economic Area and Switzerland.* ## 1. Introduction Our website, (hereinafter: "the website") uses cookies and other related technologies (for convenience all technologies are referred to as "cookies"). Cookies are also placed by third parties we have engaged. In the document below we inform you about the use of cookies on our website. ## 2. What are cookies? A cookie is a small simple file that is sent along with pages of this website and stored by your browser on the hard drive of your computer or another device. The information stored therein may be returned to our servers or to the servers of the relevant third parties during a subsequent visit. ## 3. What are scripts? A script is a piece of program code that is used to make our website function properly and interactively. This code is executed on our server or on your device. ## 4. What is a web beacon? A web beacon (or a pixel tag) is a small, invisible piece of text or image on a website that is used to monitor traffic on a website. In order to do this, various data about you is stored using web beacons. ## 5. Cookies ### 5.1 Technical or functional cookies Some cookies ensure that certain parts of the website work properly and that your user preferences remain known. By placing functional cookies, we make it easier for you to visit our website. This way, you do not need to repeatedly enter the same information when visiting our website and, for example, the items remain in your shopping cart until you have paid. We may place these cookies without your consent. ### 5.2 Statistics cookies We use statistics cookies to optimise the website experience for our users. With these statistics cookies we get insights in the usage of our website. We ask your permission to place statistics cookies. ### 5.3 Advertising cookies On this website we use advertising cookies, enabling us to gain insights into the campaign results. This happens based on a profile we create based on your behaviour on . With these cookies you, as website visitor, are linked to a unique ID but these cookies will not profile your behaviour and interests to serve personalised ads. ### 5.4 Marketing/Tracking cookies Marketing/Tracking cookies are cookies or any other form of local storage, used to create user profiles to display advertising or to track the user on this website or across several websites for similar marketing purposes. Because these cookies are marked as tracking cookies, we ask your permission to place these. ### 5.5 Social media On our website, we have included content from Facebook, X (Formerly Twitter) and LinkedIn to promote web pages (e.g. “like”, “pin”) or share (e.g. “tweet”) on social networks like Facebook, X (Formerly Twitter) and LinkedIn. This content is embedded with code derived from Facebook, X (Formerly Twitter) and LinkedIn and places cookies. This content might store and process certain information for personalised advertising. Please read the privacy statement of these social networks (which can change regularly) to read what they do with your (personal) data which they process using these cookies. The data that is retrieved is anonymised as much as possible. Facebook, X (Formerly Twitter) and LinkedIn are located in the United States. ## 6. Placed cookies ### Wistia Statistics, Marketing/Tracking Consent to service wistia #### Usage We use Wistia for video display. [Read more about Wistia](https://cookiedatabase.org/service/wistia/) #### Sharing data For more information, please read the [Wistia Privacy Statement](https://wistia.com/privacy). #### Statistics ##### Name [wistia-video-progress-\*](https://cookiedatabase.org/cookie/wistia/wistia-video-progress/) ##### Expiration persistent ##### Function Store if the user has seen embedded content #### Marketing/Tracking ##### Name [wistia](https://cookiedatabase.org/cookie/wistia/wistia/) ##### Expiration persistent ##### Function Store performed actions on the website ### Intercom Messenger Functional Consent to service intercom-messenger #### Usage We use Intercom Messenger for chat support. [Read more about Intercom Messenger](https://cookiedatabase.org/service/intercom-messenger/) #### Sharing data For more information, please read the [Intercom Messenger Privacy Statement](https://www.intercom.com/terms-and-policies#privacy). #### Functional ##### Name [intercom-id-\*](https://cookiedatabase.org/cookie/intercom-messenger/intercom-id/) ##### Expiration 9 months ##### Function ### Stripe Functional Consent to service stripe #### Usage We use Stripe for payment processing. [Read more about Stripe](https://cookiedatabase.org/service/stripe/) #### Sharing data For more information, please read the [Stripe Privacy Statement](https://stripe.com/privacy/). #### Functional ##### Name [\_\_stripe\_mid](https://cookiedatabase.org/cookie/stripe/__stripe_mid/) ##### Expiration 1 year ##### Function Provide fraud prevention ### Google Analytics Statistics Consent to service google-analytics #### Usage We use Google Analytics for website statistics. [Read more about Google Analytics](https://cookiedatabase.org/service/google-analytics/) #### Sharing data For more information, please read the [Google Analytics Privacy Statement](https://policies.google.com/privacy). #### Statistics ##### Name [\_ga](https://cookiedatabase.org/cookie/google-analytics/_ga/) ##### Expiration 2 years ##### Function Store and count pageviews ##### Name [\_ga\_\*](https://cookiedatabase.org/cookie/google-analytics/_ga_/) ##### Expiration 1 year ##### Function Store and count pageviews ### Microsoft Clarity Marketing/Tracking Consent to service microsoft-clarity #### Usage We use Microsoft Clarity for heat maps and screen recordings. [Read more about Microsoft Clarity](https://cookiedatabase.org/service/microsoft/) #### Sharing data For more information, please read the [Microsoft Clarity Privacy Statement](https://privacy.microsoft.com/en-us/privacystatement). #### Marketing/Tracking ##### Name [\_clck](https://cookiedatabase.org/cookie/microsoft/_clck/) ##### Expiration 1 year ##### Function Store a unique user ID ##### Name [ANONCHK](https://cookiedatabase.org/cookie/microsoft/anonchk/) ##### Expiration ##### Function ##### Name [MUID](https://cookiedatabase.org/cookie/microsoft/muid/) ##### Expiration 1 year ##### Function Store and track visits across websites ### WordPress Functional Consent to service wordpress #### Usage We use WordPress for website development. [Read more about WordPress](https://cookiedatabase.org/service/wordpress/) #### Sharing data This data is not shared with third parties. #### Functional ##### Name [wordpress\_logged\_in\_\*](https://cookiedatabase.org/cookie/wordpress/wordpress_logged_in_/) ##### Expiration persistent ##### Function Store logged in users ##### Name [wordpress\_test\_cookie](https://cookiedatabase.org/cookie/wordpress/wordpress_test_cookie/) ##### Expiration session ##### Function Read if cookies can be placed ### Wordfence Functional Consent to service wordfence #### Usage We use Wordfence for security and fraud prevention. [Read more about Wordfence](https://cookiedatabase.org/service/wordfence/) #### Sharing data For more information, please read the [Wordfence Privacy Statement](https://www.wordfence.com/privacy-policy/). #### Functional ##### Name [wfwaf-authcookie\*](https://cookiedatabase.org/cookie/wordfence/wfwaf-authcookie/) ##### Expiration 1 day ##### Function Read to determine if the user is logged in ##### Name [wf-scan-issue-expanded-\*](https://cookiedatabase.org/cookie/wordfence/wf-scan-issue-expanded-2/) ##### Expiration session ##### Function Provide the identification of trusted web traffic ### Google reCAPTCHA Marketing/Tracking Consent to service google-recaptcha #### Usage We use Google reCAPTCHA for spam prevention. [Read more about Google reCAPTCHA](https://cookiedatabase.org/service/google-recaptcha/) #### Sharing data For more information, please read the [Google reCAPTCHA Privacy Statement](https://policies.google.com/privacy). #### Marketing/Tracking ##### Name [rc::c](https://cookiedatabase.org/cookie/google-recaptcha/rcc/) ##### Expiration session ##### Function Read and filter requests from bots ##### Name [rc::b](https://cookiedatabase.org/cookie/google-recaptcha/rcb/) ##### Expiration session ##### Function Read and filter requests from bots ##### Name [rc::a](https://cookiedatabase.org/cookie/google-recaptcha/rca/) ##### Expiration persistent ##### Function Read and filter requests from bots ### YouTube Marketing/Tracking, Functional Consent to service youtube #### Usage We use YouTube for video display. [Read more about YouTube](https://cookiedatabase.org/service/youtube/) #### Sharing data For more information, please read the [YouTube Privacy Statement](https://policies.google.com/privacy). #### Marketing/Tracking ##### Name [GPS](https://cookiedatabase.org/cookie/youtube/gps/) ##### Expiration session ##### Function Store location data ##### Name [YSC](https://cookiedatabase.org/cookie/youtube/ysc/) ##### Expiration session ##### Function Store and track interaction ##### Name [PREF](https://cookiedatabase.org/cookie/youtube/pref/) ##### Expiration 8 months ##### Function Store user preferences #### Functional ##### Name [VISITOR\_INFO1\_LIVE](https://cookiedatabase.org/cookie/youtube/visitor_info1_live/) ##### Expiration 6 months ##### Function Provide bandwidth estimations ### PayPal Functional Consent to service paypal #### Usage We use PayPal for payment processing. [Read more about PayPal](https://cookiedatabase.org/service/paypal/) #### Sharing data For more information, please read the [PayPal Privacy Statement](https://www.paypal.com/uk/webapps/mpp/ua/privacy-full). #### Functional ##### Name [ts\_c](https://cookiedatabase.org/cookie/paypal/auto-draft-3/) ##### Expiration 3 years ##### Function Provide fraud prevention ##### Name [paypal](https://cookiedatabase.org/cookie/paypal/paypal/) ##### Expiration persistent ##### Function Provide fraud prevention ##### Name [\_\_paypal\_storage\_\_](https://cookiedatabase.org/cookie/paypal/__paypal_storage__/) ##### Expiration persistent ##### Function Store account details ### Facebook Marketing/Tracking, Functional Consent to service facebook #### Usage We use Facebook for display of recent social posts and/or social share buttons. [Read more about Facebook](https://cookiedatabase.org/service/facebook/) #### Sharing data For more information, please read the [Facebook Privacy Statement](https://www.facebook.com/policy/cookies). #### Marketing/Tracking ##### Name [\_fbc](https://cookiedatabase.org/cookie/facebook/_fbc/) ##### Expiration 2 years ##### Function Store last visit ##### Name [fbm\*](https://cookiedatabase.org/cookie/facebook/fbm_/) ##### Expiration 1 year ##### Function Store account details ##### Name [xs](https://cookiedatabase.org/cookie/facebook/xs/) ##### Expiration 3 months ##### Function Store a unique session ID ##### Name [fr](https://cookiedatabase.org/cookie/facebook/fr/) ##### Expiration 3 months ##### Function Provide ad delivery or retargeting ##### Name [act](https://cookiedatabase.org/cookie/facebook/act/) ##### Expiration 90 days ##### Function Store logged in users ##### Name [\_fbp](https://cookiedatabase.org/cookie/facebook/_fbp/) ##### Expiration 3 months ##### Function Store and track visits across websites ##### Name [datr](https://cookiedatabase.org/cookie/facebook/datr/) ##### Expiration 2 years ##### Function Provide fraud prevention ##### Name [c\_user](https://cookiedatabase.org/cookie/facebook/c_user/) ##### Expiration 30 days ##### Function Store a unique user ID ##### Name [sb](https://cookiedatabase.org/cookie/facebook/sb/) ##### Expiration 2 years ##### Function Store browser details ##### Name [\*\_fbm\_](https://cookiedatabase.org/cookie/facebook/_fbm_/) ##### Expiration 1 year ##### Function Store account details #### Functional ##### Name [wd](https://cookiedatabase.org/cookie/facebook/wd/) ##### Expiration 1 week ##### Function Read screen resolution ##### Name [csm](https://cookiedatabase.org/cookie/facebook/csm/) ##### Expiration 90 days ##### Function Provide fraud prevention ##### Name [actppresence](https://cookiedatabase.org/cookie/facebook/actppresence/) ##### Expiration session ##### Function Store and track if the browser tab is active ### Twitter Functional, Marketing/Tracking Consent to service twitter #### Usage We use Twitter for display of recent social posts and/or social share buttons. [Read more about Twitter](https://cookiedatabase.org/service/twitter/) #### Sharing data For more information, please read the [Twitter Privacy Statement](https://twitter.com/en/privacy). #### Functional ##### Name [local\_storage\_support\_test](https://cookiedatabase.org/cookie/twitter/local_storage_support_test/) ##### Expiration persistent ##### Function Provide load balancing functionality #### Marketing/Tracking ##### Name [metrics\_token](https://cookiedatabase.org/cookie/twitter/metrics_token/) ##### Expiration persistent ##### Function Store if the user has seen embedded content ### LinkedIn Marketing/Tracking, Functional Consent to service linkedin #### Usage We use LinkedIn for display of recent social posts and/or social share buttons. [Read more about LinkedIn](https://cookiedatabase.org/service/linkedin/) #### Sharing data For more information, please read the [LinkedIn Privacy Statement](https://www.linkedin.com/legal/privacy-policy). #### Marketing/Tracking ##### Name [bcookie](https://cookiedatabase.org/cookie/linkedin/bcookie-2/) ##### Expiration 2 years ##### Function Store browser details ##### Name [li-oatml](https://cookiedatabase.org/cookie/linkedin/li-oatml/) ##### Expiration 1 month ##### Function Provide ad delivery or retargeting ##### Name [li\_sugr](https://cookiedatabase.org/cookie/linkedin/li_sugr/) ##### Expiration 3 months ##### Function Store browser details ##### Name [UserMatchHistory](https://cookiedatabase.org/cookie/linkedin/usermatchhistory/) ##### Expiration 30 days ##### Function Provide ad delivery or retargeting ##### Name [lidc](https://cookiedatabase.org/cookie/linkedin/lidc/) ##### Expiration 1 day ##### Function Store performed actions on the website ##### Name [bscookie](https://cookiedatabase.org/cookie/linkedin/bscookie/) ##### Expiration 2 years ##### Function Store performed actions on the website ##### Name [X-LI-IDC](https://cookiedatabase.org/cookie/linkedin/x-li-idc/) ##### Expiration session ##### Function Provide functions across pages #### Functional ##### Name [BizographicsOptOut](https://cookiedatabase.org/cookie/linkedin/bizographicsoptout/) ##### Expiration 10 years ##### Function Store privacy preferences ##### Name [linkedin\_oauth\_](https://cookiedatabase.org/cookie/linkedin/linkedin_oauth_/) ##### Expiration session ##### Function Provide functions across pages ### OptinMonster Statistics Consent to service optinmonster #### Usage We use OptinMonster for mailing list subscriptions. [Read more about OptinMonster](https://cookiedatabase.org/service/optinmonster/) #### Sharing data This data is not shared with third parties. #### Statistics ##### Name [omVisitsFirst](https://cookiedatabase.org/cookie/optinmonster/omvisitsfirst/) ##### Expiration persistent ##### Function Store a unique user ID ### Elementor Statistics (anonymous) Consent to service elementor #### Usage We use Elementor for content creation. [Read more about Elementor](https://cookiedatabase.org/service/elementor/) #### Sharing data This data is not shared with third parties. #### Statistics (anonymous) ##### Name [elementor](https://cookiedatabase.org/cookie/elementor/elementor/) ##### Expiration persistent ##### Function Store performed actions on the website ### Complianz Functional Consent to service complianz #### Usage We use Complianz for cookie consent management. [Read more about Complianz](https://cookiedatabase.org/service/complianz/) #### Sharing data This data is not shared with third parties. For more information, please read the [Complianz Privacy Statement](https://complianz.io/legal/privacy-statement/). #### Functional ##### Name [cmplz\_id](https://cookiedatabase.org/cookie/complianz/cmplz_id/) ##### Expiration 365 days ##### Function Store cookie consent preferences ##### Name [cmplz\_user\_data](https://cookiedatabase.org/cookie/complianz/cmplz_user_data/) ##### Expiration 365 days ##### Function Read to determine which cookie banner to show ##### Name [cmplz\_banner-status](https://cookiedatabase.org/cookie/complianz/cmplz_banner-status/) ##### Expiration 365 days ##### Function Store if the cookie banner has been dismissed ##### Name [cmplz\_consented\_services](https://cookiedatabase.org/cookie/complianz/cmplz_consented_services/) ##### Expiration 365 days ##### Function Store cookie consent preferences ##### Name [cmplz\_functional](https://cookiedatabase.org/cookie/complianz/cmplz_functional/) ##### Expiration 365 days ##### Function Store cookie consent preferences ##### Name [cmplz\_marketing](https://cookiedatabase.org/cookie/complianz/cmplz_marketing/) ##### Expiration 365 days ##### Function Store cookie consent preferences ##### Name [cmplz\_policy\_id](https://cookiedatabase.org/cookie/complianz/cmplz_policy_id/) ##### Expiration 365 days ##### Function Store accepted cookie policy ID ##### Name [cmplz\_preferences](https://cookiedatabase.org/cookie/complianz/cmplz_preferences/) ##### Expiration 365 days ##### Function Store cookie consent preferences ##### Name [cmplz\_saved\_categories](https://cookiedatabase.org/cookie/complianz/cmplz_saved_categories/) ##### Expiration 365 days ##### Function Store cookie consent preferences ##### Name [cmplz\_saved\_services](https://cookiedatabase.org/cookie/complianz/cmplz_saved_services/) ##### Expiration 365 days ##### Function Store cookie consent preferences ##### Name [cmplz\_statistics](https://cookiedatabase.org/cookie/complianz/cmplz_statistics/) ##### Expiration 365 days ##### Function Store cookie consent preferences ### Automattic Statistics Consent to service automattic #### Usage We use Automattic for website development. [Read more about Automattic](https://cookiedatabase.org/service/automattic/) #### Sharing data For more information, please read the [Automattic Privacy Statement](https://automattic.com/cookies/). #### Statistics ##### Name [tk\_qs](https://cookiedatabase.org/cookie/automattic/tk_qs/) ##### Expiration 30 minutes ##### Function Provide functions across pages ### Miscellaneous Purpose pending investigation Consent to service miscellaneous #### Usage #### Sharing data Sharing of data is pending investigation #### Purpose pending investigation ##### Name loglevel ##### Expiration ##### Function ##### Name aam-subject ##### Expiration ##### Function ##### Name tusSupport ##### Expiration ##### Function ##### Name __mpq_a36067b00a263cce0299cfd960e26ecf_ev ##### Expiration ##### Function ##### Name [wpc\*](https://cookiedatabase.org/cookie/unknown-service/wpc/) ##### Expiration ##### Function ##### Name _cltk ##### Expiration ##### Function ##### Name [intercom.intercom-state-\*](https://cookiedatabase.org/cookie/unknown-service/intercom-intercom-state-wpw7b2pq/) ##### Expiration ##### Function ##### Name cfEmail ##### Expiration ##### Function ##### Name vue-colorpicker-history ##### Expiration ##### Function ##### Name omWpApi ##### Expiration ##### Function ##### Name activated_addons ##### Expiration ##### Function ##### Name [hustle-hide-module-\*](https://cookiedatabase.org/cookie/unknown-service/hustle-hide-module/) ##### Expiration ##### Function ##### Name betterdocs_admin_tab ##### Expiration ##### Function ##### Name docs_visited_4209 ##### Expiration ##### Function ##### Name docs_visited_4206 ##### Expiration ##### Function ##### Name isReturningVisitor3953 ##### Expiration ##### Function ##### Name localTimeZone ##### Expiration ##### Function ##### Name betterdocsQswTabNumberTracking ##### Expiration ##### Function ##### Name referer_url ##### Expiration ##### Function ##### Name emoji-mart.frequently ##### Expiration ##### Function ##### Name WP_PREFERENCES_USER_1 ##### Expiration ##### Function ##### Name emoji-mart.last ##### Expiration ##### Function ##### Name _clsk ##### Expiration ##### Function ##### Name CLID ##### Expiration ##### Function www.clarity.ms ##### Name MR ##### Expiration ##### Function .c.bing.com ##### Name SRM_B ##### Expiration ##### Function .c.bing.com ##### Name SM ##### Expiration ##### Function .c.clarity.ms ##### Name last_page_visited ##### Expiration ##### Function ##### Name 637d2c239043970103986000.clientId ##### Expiration ##### Function ##### Name 637d2c239043970103986000.appUserId ##### Expiration ##### Function ##### Name ZD-buid ##### Expiration ##### Function ##### Name ZD-suid ##### Expiration ##### Function ##### Name eael_screen ##### Expiration ##### Function ##### Name betterdocs_temp_key ##### Expiration ##### Function ##### Name betterdocs_is_valid ##### Expiration ##### Function ##### Name wpEmojiSettingsSupports ##### Expiration ##### Function ##### Name intercom-device-id-r70azrgx ##### Expiration ##### Function ##### Name intercom-session-r70azrgx ##### Expiration ##### Function ##### Name extCacheFunc ##### Expiration ##### Function ##### Name wp_lang ##### Expiration ##### Function ##### Name wordpress_rec_a1b7b8600f883f13b8dfa7e8b80bd3ee ##### Expiration ##### Function ##### Name extMercCt ##### Expiration ##### Function ##### Name csHsty ##### Expiration ##### Function ##### Name mp_tab_id_mixpanel_a36067b00a263cce0299cfd960e26ecf ##### Expiration ##### Function ##### Name mp_gen_new_tab_id_mixpanel_a36067b00a263cce0299cfd960e26ecf ##### Expiration ##### Function ##### Name __mpq_517e881edc2636e99a2ecf013d8134d3_ev ##### Expiration ##### Function ##### Name __mpq_517e881edc2636e99a2ecf013d8134d3_pp ##### Expiration ##### Function ##### Name DataTables_policy_list_/wp-admin/admin.php ##### Expiration ##### Function ##### Name bd_v_5410 ##### Expiration ##### Function ##### Name DataTables_role_identity_list_/wp-admin/admin.php ##### Expiration ##### Function ##### Name DataTables_user_identity_list_/wp-admin/admin.php ##### Expiration ##### Function ##### Name mi_cache_registry ##### Expiration ##### Function ##### Name betterdocs_admin_dark_mode ##### Expiration ##### Function ##### Name bd_v_5486 ##### Expiration ##### Function ##### Name bd_v_5638 ##### Expiration ##### Function ##### Name betterdocs-analytics-badge-seen-links ##### Expiration ##### Function ##### Name filebird ##### Expiration ##### Function ##### Name hs-beacon-9fe52dca-2c60-4179-98f6-25abfcf6927b-shown-animation ##### Expiration ##### Function ##### Name betterdocs-analytics-badge-seen-search ##### Expiration ##### Function ##### Name bd_v_4206 ##### Expiration ##### Function ##### Name bd_v_4209 ##### Expiration ##### Function ##### Name bd_v_5421 ##### Expiration ##### Function ##### Name bd_v_5599 ##### Expiration ##### Function ##### Name bd_v_5425 ##### Expiration ##### Function ##### Name mp_gen_new_tab_id_mixpanel_517e881edc2636e99a2ecf013d8134d3 ##### Expiration ##### Function ##### Name mp_tab_id_mixpanel_517e881edc2636e99a2ecf013d8134d3 ##### Expiration ##### Function ## 7. Consent When you visit our website for the first time, we will show you a pop-up with an explanation about cookies. As soon as you click on "Save preferences", you consent to us using the categories of cookies and plug-ins you selected in the pop-up, as described in this Cookie Policy. You can disable the use of cookies via your browser, but please note that our website may no longer work properly. ### 7.1 Manage your consent settings You have loaded the Cookie Policy without javascript support. On AMP, you can use the manage consent button on the bottom of the page. ## 8. Enabling/disabling and deleting cookies You can use your internet browser to automatically or manually delete cookies. You can also specify that certain cookies may not be placed. Another option is to change the settings of your internet browser so that you receive a message each time a cookie is placed. For more information about these options, please refer to the instructions in the Help section of your browser. Please note that our website may not work properly if all cookies are disabled. If you do delete the cookies in your browser, they will be placed again after your consent when you visit our website again. ## 9. Your rights with respect to personal data You have the following rights with respect to your personal data: - You have the right to know why your personal data is needed, what will happen to it, and how long it will be retained for. - Right of access: You have the right to access your personal data that is known to us. - Right to rectification: you have the right to supplement, correct, have deleted or blocked your personal data whenever you wish. - If you give us your consent to process your data, you have the right to revoke that consent and to have your personal data deleted. - Right to transfer your data: you have the right to request all your personal data from the controller and transfer it in its entirety to another controller. - Right to object: you may object to the processing of your data. We comply with this, unless there are justified grounds for processing. To exercise these rights, please contact us. Please refer to the contact details at the bottom of this Cookie Policy. If you have a complaint about how we handle your data, we would like to hear from you, but you also have the right to submit a complaint to the supervisory authority (the Data Protection Authority). ## 10. Contact details For questions and/or comments about our Cookie Policy and this statement, please contact us by using the following contact details: Ashbrooke Management Consultants Limited United Kingdom Website: Email: enquiries@ex.comashbrookeconsultants.co.uk Phone number: 07754118146 This Cookie Policy was synchronised with [cookiedatabase.org](https://cookiedatabase.org/) on 15 October 2026. --- ### [Privacy Statement (EU)](https://ashbrookeconsultants.co.uk/privacy-statement-eu/) **Published:** October 12, 2022 **Author:** Administrator **Content:** *This privacy statement was last updated on 28 September 2026 and applies to citizens and legal permanent residents of the European Economic Area and Switzerland.* In this privacy statement, we explain what we do with the data we obtain about you via . We recommend you carefully read this statement. In our processing we comply with the requirements of privacy legislation. That means, among other things, that: - we clearly state the purposes for which we process personal data. We do this by means of this privacy statement; - we aim to limit our collection of personal data to only the personal data required for legitimate purposes; - we first request your explicit consent to process your personal data in cases requiring your consent; - we take appropriate security measures to protect your personal data and also require this from parties that process personal data on our behalf; - we respect your right to access your personal data or have it corrected or deleted, at your request. If you have any questions, or want to know exactly what data we keep of you, please contact us. ## 1. Purpose, data and retention period We may collect or receive personal information for a number of purposes connected with our business operations which may include the following: (click to expand)### 1.1 Contact - Through phone, mail, email and/or webforms ### For this purpose we use the following data: - A first and last name - Account name or alias - An email address - A telephone number - IP Address - Internet activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an Internet Web site, application, or advertisement - Geolocation data - Social Media accounts ### The basis on which we may process these data is: [Upon the provision of consent.](https://cookiedatabase.org/legal-bases/#consent) ### Retention period We retain this data until the service is terminated. ### 1.2 Payments ### For this purpose we use the following data: - A first and last name - Account name or alias - An email address - A telephone number - IP Address - Internet activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an Internet Web site, application, or advertisement - Geolocation data - Social Media accounts ### The basis on which we may process these data is: [Upon the provision of consent.](https://cookiedatabase.org/legal-bases/#consent) ### Retention period We retain this data until the service is terminated. ### 1.3 Registering an account ### For this purpose we use the following data: - A first and last name - Account name or alias - An email address - A telephone number - IP Address - Internet activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an Internet Web site, application, or advertisement - Geolocation data - Social Media accounts ### The basis on which we may process these data is: [Upon the provision of consent.](https://cookiedatabase.org/legal-bases/#consent) ### Retention period We retain this data until the service is terminated. ### 1.4 Newsletters ### For this purpose we use the following data: - A first and last name - An email address ### The basis on which we may process these data is: [Upon the provision of consent.](https://cookiedatabase.org/legal-bases/#consent) ### Retention period We retain this data until the service is terminated. ### 1.5 To support services or products that a customer wants to buy or has purchased ### For this purpose we use the following data: - A first and last name - Account name or alias - An email address - A telephone number - IP Address - Internet activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an Internet Web site, application, or advertisement - Geolocation data - Social Media accounts ### The basis on which we may process these data is: [Upon the provision of consent.](https://cookiedatabase.org/legal-bases/#consent) ### Retention period We retain this data until the service is terminated. ### 1.6 To be able to comply with legal obligations ### For this purpose we use the following data: - A first and last name - Account name or alias - An email address - A telephone number - IP Address - Internet activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an Internet Web site, application, or advertisement - Geolocation data - Social Media accounts ### The basis on which we may process these data is: [Upon the provision of consent.](https://cookiedatabase.org/legal-bases/#consent) ### Retention period We retain this data until the service is terminated. ### 1.7 Compiling and analyzing statistics for website improvement. ### For this purpose we use the following data: - A first and last name - Account name or alias - An email address - IP Address - Internet activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an Internet Web site, application, or advertisement - Geolocation data - Social Media accounts ### The basis on which we may process these data is: [Upon the provision of consent.](https://cookiedatabase.org/legal-bases/#consent) ### Retention period We retain this data until the service is terminated. ### 1.8 To be able to offer personalised products and services ### For this purpose we use the following data: - A first and last name - Account name or alias - An email address - A telephone number - IP Address - Internet activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an Internet Web site, application, or advertisement - Geolocation data - Social Media accounts ### The basis on which we may process these data is: [Upon the provision of consent.](https://cookiedatabase.org/legal-bases/#consent) ### Retention period We retain this data until the service is terminated. ## 2. Cookies Our website uses cookies. For more information about cookies, please refer to our [Cookie Policy](https://ashbrookeconsultants.co.uk/cookie-policy-eu/). ## 3. Disclosure practices We disclose personal information if we are required by law or by a court order, in response to a law enforcement agency, to the extent permitted under other provisions of law, to provide information, or for an investigation on a matter related to public safety. If our website or organisation is taken over, sold, or involved in a merger or acquisition, your details may be disclosed to our advisers and any prospective purchasers and will be passed on to the new owners. We have concluded a data Processing Agreement with Google. ## 4. Security We are committed to the security of personal data. We take appropriate security measures to limit abuse of and unauthorised access to personal data. This ensures that only the necessary persons have access to your data, that access to the data is protected, and that our security measures are regularly reviewed. ## 5. Third-party websites This privacy statement does not apply to third-party websites connected by links on our website. We cannot guarantee that these third parties handle your personal data in a reliable or secure manner. We recommend you read the privacy statements of these websites prior to making use of these websites. ## 6. Amendments to this privacy statement We reserve the right to make amendments to this privacy statement. It is recommended that you consult this privacy statement regularly in order to be aware of any changes. In addition, we will actively inform you wherever possible. ## 7. Accessing and modifying your data If you have any questions or want to know which personal data we have about you, please contact us. You can contact us by using the information below. You have the following rights: - You have the right to know why your personal data is needed, what will happen to it, and how long it will be retained for. - Right of access: You have the right to access your personal data that is known to us. - Right to rectification: you have the right to supplement, correct, have deleted or blocked your personal data whenever you wish. - If you give us your consent to process your data, you have the right to revoke that consent and to have your personal data deleted. - Right to transfer your data: you have the right to request all your personal data from the controller and transfer it in its entirety to another controller. - Right to object: you may object to the processing of your data. We comply with this, unless there are justified grounds for processing. Please make sure to always clearly state who you are, so that we can be certain that we do not modify or delete any data of the wrong person. ## 8. Submitting a complaint If you are not satisfied with the way in which we handle (a complaint about) the processing of your personal data, you have the right to submit a complaint to the Data Protection Authority. ## 9. Contact details Ashbrooke Management Consultants Limited United Kingdom Website: Email: enquiries@ex.comashbrookeconsultants.co.uk Phone number: 07754118146 ## 10. Data Requests For the most frequently submitted requests, we also offer you the possibility to use our data request form × Name Name Email Submit a request for access to the data we process about you. Submit a request for deletion of the data if it is no longer relevant. Submit a request to receive an export file of the data we process about you. ## Annex ### Complianz | The Privacy Suite for WordPress This website uses the Privacy Suite for WordPress from Complianz to collect records of consent. For this functionality your IP address is anonymised and stored in our database. For more information, see the Complianz [Privacy Statement](https://complianz.io/privacy-statement/). ### Akismet We collect information about visitors who comment on Sites that use our Akismet anti-spam service. The information we collect depends on how the User sets up Akismet for the Site, but typically includes the commenter's IP address, user agent, referrer, and Site URL (along with other information directly provided by the commenter such as their name, username, email address, and the comment itself). ### WP Courseware #### What information do we collect? WP Courseware only collects first name, last name, e-mail address, and mailing address when a purchase is made. If a course is offered for free, then the users registration information is only stored in the WordPress users table. WP Courseware does not collect any credit card data whatsoever. #### How is your information used? Data collected from an order is used to process transactions and enrol users into courses. Also, data collected like name and email address is used to send out email notifications for purchases or course notifications. #### Do we use cookies? Yes, WP Courseware uses cookies to track shopping cart sessions. These cookies expire within 48 hours. Y #### Do we disclose any information to outside parties? WP Courseware only sends required data to the payment gateways. #### What rights do you have to your data? WP Courseware is GDPR compliant in which users can request a copy of their data or can request to have their data anonymized through the core WordPress GDPR tools. ### Hustle #### Which modules collect personal data? We use Hustle to create and embed any Pop-up, Embed, Slide-in, or Social share module. #### What personal data do we collect and why? By default, Hustle captures the **IP Address** for each conversion and for each view only if the "tracking" functionality is enabled. Other personal data such as your **name** and **email address** may also be captured, depending on the form fields. When visitors or users submit a form or view a module, we capture the **IP Address** for analyisis purposes. We also capture the **email address** and might capture other personal data included in the form fields. #### How long we retain your data When visitors or users submit a form or view a module, we retain the data for 30 days. #### Where we send your data All collected data might be sent to our employees or approved contractors to perform necessary actions based on the form submission. #### Third Parties We use reCAPTCHA to protect your website from fraud and abuse. Their privacy policy can be found here : https://policies.google.com/privacy. We use Zapier to manage our integration data. Their privacy policy can be found here : https://zapier.com/privacy/. #### Cookies By default, Hustle uses cookies to count how many times each module is visualized. Cookies might be used to handle other features such as display settings, used when a module should not be displayed for a certain time, whether the user commented before, whether the user has subscribed, among others, if their related settings are enabled. --- ### [Privacy Statement (UK)](https://ashbrookeconsultants.co.uk/privacy-statement-uk/) **Published:** October 12, 2022 **Author:** Administrator **Content:** *This privacy statement was last updated on 28 September 2026 and applies to citizens and legal permanent residents of the United Kingdom.* In this privacy statement, we explain what we do with the data we obtain about you via . We recommend you carefully read this statement. In our processing we comply with the requirements of privacy legislation. That means, among other things, that: - we clearly state the purposes for which we process personal data. We do this by means of this privacy statement; - we aim to limit our collection of personal data to only the personal data required for legitimate purposes; - we first request your explicit consent to process your personal data in cases requiring your consent; - we take appropriate security measures to protect your personal data and also require this from parties that process personal data on our behalf; - we respect your right to access your personal data or have it corrected or deleted, at your request. If you have any questions, or want to know exactly what data we keep of you, please contact us. ## 1. Purpose, data and retention period We may collect or receive personal information for a number of purposes connected with our business operations which may include the following: (click to expand)### 1.1 Contact - Through phone, mail, email and/or webforms ### For this purpose we use the following data: - A first and last name - Account name or alias - An email address - A telephone number - IP Address - Internet activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an Internet Web site, application, or advertisement - Geolocation data - Social Media accounts ### The basis on which we may process these data is: [Upon the provision of consent.](https://cookiedatabase.org/legal-bases/#consent) ### Retention period We retain this data until the service is terminated. ### 1.2 Payments ### For this purpose we use the following data: - A first and last name - Account name or alias - An email address - A telephone number - IP Address - Internet activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an Internet Web site, application, or advertisement - Geolocation data - Social Media accounts ### The basis on which we may process these data is: [Upon the provision of consent.](https://cookiedatabase.org/legal-bases/#consent) ### Retention period We retain this data until the service is terminated. ### 1.3 Registering an account ### For this purpose we use the following data: - A first and last name - Account name or alias - An email address - A telephone number - IP Address - Internet activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an Internet Web site, application, or advertisement - Geolocation data - Social Media accounts ### The basis on which we may process these data is: [Upon the provision of consent.](https://cookiedatabase.org/legal-bases/#consent) ### Retention period We retain this data until the service is terminated. ### 1.4 Newsletters ### For this purpose we use the following data: - A first and last name - An email address ### The basis on which we may process these data is: [Upon the provision of consent.](https://cookiedatabase.org/legal-bases/#consent) ### Retention period We retain this data until the service is terminated. ### 1.5 To support services or products that a customer wants to buy or has purchased ### For this purpose we use the following data: - A first and last name - Account name or alias - An email address - A telephone number - IP Address - Internet activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an Internet Web site, application, or advertisement - Geolocation data - Social Media accounts ### The basis on which we may process these data is: [Upon the provision of consent.](https://cookiedatabase.org/legal-bases/#consent) ### Retention period We retain this data until the service is terminated. ### 1.6 To be able to comply with legal obligations ### For this purpose we use the following data: - A first and last name - Account name or alias - An email address - A telephone number - IP Address - Internet activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an Internet Web site, application, or advertisement - Geolocation data - Social Media accounts ### The basis on which we may process these data is: [Upon the provision of consent.](https://cookiedatabase.org/legal-bases/#consent) ### Retention period We retain this data until the service is terminated. ### 1.7 Compiling and analyzing statistics for website improvement. ### For this purpose we use the following data: - A first and last name - Account name or alias - An email address - IP Address - Internet activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an Internet Web site, application, or advertisement - Geolocation data - Social Media accounts ### The basis on which we may process these data is: [Upon the provision of consent.](https://cookiedatabase.org/legal-bases/#consent) ### Retention period We retain this data until the service is terminated. ### 1.8 To be able to offer personalised products and services ### For this purpose we use the following data: - A first and last name - Account name or alias - An email address - A telephone number - IP Address - Internet activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an Internet Web site, application, or advertisement - Geolocation data - Social Media accounts ### The basis on which we may process these data is: [Upon the provision of consent.](https://cookiedatabase.org/legal-bases/#consent) ### Retention period We retain this data until the service is terminated. ## 2. Cookies Our website uses cookies. For more information about cookies, please refer to our [Cookie Policy](https://ashbrookeconsultants.co.uk/cookie-policy-uk/). ## 3. Disclosure practices We disclose personal information if we are required by law or by a court order, in response to a law enforcement agency, to the extent permitted under other provisions of law, to provide information, or for an investigation on a matter related to public safety. If our website or organisation is taken over, sold, or involved in a merger or acquisition, your details may be disclosed to our advisers and any prospective purchasers and will be passed on to the new owners. We have concluded a data processing agreement with Google. ## 4. Security We are committed to the security of personal data. We take appropriate security measures to limit abuse of and unauthorised access to personal data. This ensures that only the necessary persons have access to your data, that access to the data is protected, and that our security measures are regularly reviewed. ## 5. Third-party websites This privacy statement does not apply to third-party websites connected by links on our website. We cannot guarantee that these third parties handle your personal data in a reliable or secure manner. We recommend you read the privacy statements of these websites prior to making use of these websites. ## 6. Amendments to this privacy statement We reserve the right to make amendments to this privacy statement. It is recommended that you consult this privacy statement regularly in order to be aware of any changes. In addition, we will actively inform you wherever possible. ## 7. Accessing and modifying your data If you have any questions or want to know which personal data we have about you, please contact us. You can contact us by using the information below. You have the following rights: - You have the right to know why your personal data is needed, what will happen to it, and how long it will be retained for. - Right of access: You have the right to access your personal data that is known to us. - Right to rectification: you have the right to supplement, correct, have deleted or blocked your personal data whenever you wish. - If you give us your consent to process your data, you have the right to revoke that consent and to have your personal data deleted. - Right to transfer your data: you have the right to request all your personal data from the controller and transfer it in its entirety to another controller. - Right to object: you may object to the processing of your data. We comply with this, unless there are justified grounds for processing. Please make sure to always clearly state who you are, so that we can be certain that we do not modify or delete any data of the wrong person. ## 8. Submitting a complaint If you are not satisfied with the way in which we handle (a complaint about) the processing of your personal data, you have the right to submit a complaint to the Information Commissioner's Office: Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF ## 9. Children Our website is not designed to attract children and it is not our intent to collect personal data from children under the age of consent in their country of residence. We therefore request that children under the age of consent do not submit any personal data to us. ## 10. Contact details Ashbrooke Management Consultants Limited United Kingdom Website: Email: enquiries@ex.comashbrookeconsultants.co.uk Phone number: 07754118146 ## 11. Data Requests For the most frequently submitted requests, we also offer you the possibility to use our data request form × Name Name Email Submit a request for access to the data we process about you. Submit a request for deletion of the data if it is no longer relevant. Submit a request to receive an export file of the data we process about you. ## Annex ### Complianz | The Privacy Suite for WordPress This website uses the Privacy Suite for WordPress from Complianz to collect records of consent. For this functionality your IP address is anonymised and stored in our database. For more information, see the Complianz [Privacy Statement](https://complianz.io/privacy-statement/). ### Akismet We collect information about visitors who comment on Sites that use our Akismet anti-spam service. The information we collect depends on how the User sets up Akismet for the Site, but typically includes the commenter's IP address, user agent, referrer, and Site URL (along with other information directly provided by the commenter such as their name, username, email address, and the comment itself). ### WP Courseware #### What information do we collect? WP Courseware only collects first name, last name, e-mail address, and mailing address when a purchase is made. If a course is offered for free, then the users registration information is only stored in the WordPress users table. WP Courseware does not collect any credit card data whatsoever. #### How is your information used? Data collected from an order is used to process transactions and enrol users into courses. Also, data collected like name and email address is used to send out email notifications for purchases or course notifications. #### Do we use cookies? Yes, WP Courseware uses cookies to track shopping cart sessions. These cookies expire within 48 hours. Y #### Do we disclose any information to outside parties? WP Courseware only sends required data to the payment gateways. #### What rights do you have to your data? WP Courseware is GDPR compliant in which users can request a copy of their data or can request to have their data anonymized through the core WordPress GDPR tools. ### Hustle #### Which modules collect personal data? We use Hustle to create and embed any Pop-up, Embed, Slide-in, or Social share module. #### What personal data do we collect and why? By default, Hustle captures the **IP Address** for each conversion and for each view only if the "tracking" functionality is enabled. Other personal data such as your **name** and **email address** may also be captured, depending on the form fields. When visitors or users submit a form or view a module, we capture the **IP Address** for analyisis purposes. We also capture the **email address** and might capture other personal data included in the form fields. #### How long we retain your data When visitors or users submit a form or view a module, we retain the data for 30 days. #### Where we send your data All collected data might be sent to our employees or approved contractors to perform necessary actions based on the form submission. #### Third Parties We use reCAPTCHA to protect your website from fraud and abuse. Their privacy policy can be found here : https://policies.google.com/privacy. We use Zapier to manage our integration data. Their privacy policy can be found here : https://zapier.com/privacy/. #### Cookies By default, Hustle uses cookies to count how many times each module is visualized. Cookies might be used to handle other features such as display settings, used when a module should not be displayed for a certain time, whether the user commented before, whether the user has subscribed, among others, if their related settings are enabled. --- ### [Terms & Conditions](https://ashbrookeconsultants.co.uk/terms-conditions/) **Published:** October 31, 2022 **Author:** Administrator --- ### [Terms & Conditions](https://ashbrookeconsultants.co.uk/terms-conditions-3/) **Published:** October 31, 2022 **Author:** Administrator --- ### [Terms & conditions](https://ashbrookeconsultants.co.uk/terms-conditions-2/) **Published:** October 12, 2022 **Author:** Administrator **Content:** *The Terms and Conditions were last updated on 5 January 2024* ## 1. Introduction These Terms and conditions apply to this website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail. ## 2. Binding By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree. ## 3. Intellectual property We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website. 3.1 All the rights are reserved Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote). ## 4. Newsletter Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website. ## 5. Third-party property Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us. We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information. ## 6. Responsible use By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website. Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited. ## 7. Registration You may register for an account with our website. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password. After account termination, you will not attempt to register a new account without our permission. ## 8. Refund and Return policy 8.1 Right of withdrawal You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement. To this end, you may use the [withdrawal function available](https://ashbrookeconsultants.co.uk/). You are, however, free to express your intention to withdraw from the contract by making an unequivocal statement in any other suitable way. You can also submit any other unequivocal statement on our [ website](https://ashbrookeconsultants.co.uk/contact/). We will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (for example by email) without delay. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. 8.2 Effects of withdrawal If you withdraw from this contract, we shall reimburse you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract. Please note that there are some legal exceptions to the right to withdraw, and some items can therefore not be returned or exchanged. We will let you know if this applies in your particular case. ## 9. Content posted by you We may provide various open communication tools on our website, such as blog comments, blog posts, forums, message boards, ratings and reviews, and various social media services. It might not be feasible for us to screen or monitor all content that you or others may share or submit on or through our website. However, we reserve the right to review the content and to monitor all use of and activity on our website, and remove or reject any content in our sole discretion. By posting information or otherwise using any open communication tools as mentioned, you agree that your content will comply with these Terms and Conditions and must not be illegal or unlawful or infringe any person’s legal rights. ## 10. Idea submission Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media. ## 11. Termination of use We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website. ## 12. Warranties and liability Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that: - this website or our products or services will meet your requirements; - this website will be available on an uninterrupted, timely, secure, or error-free basis; - the quality of any product or service purchased or obtained by you through this website will meet your expectations. Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional. The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website. Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to £1,000. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature. ## 13. Privacy To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date. We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services. We have developed a policy to address any privacy concerns you may have. For more information, please see our [Privacy Statement](#?cmplz_region_redirect=true) and our [Cookie Policy](https://ashbrookeconsultants.co.uk/cookie-policy-uk/?cmplz_region_redirect=true). ## 14. Export restrictions / Legal compliance Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of United Kingdom. ## 15. Assignment You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void. ## 16. Breaches of these Terms and conditions Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you. ## 17. Force majeure Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party. ## 18. Indemnification You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims. ## 19. Waiver Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. ## 20. Language These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language. ## 21. Entire agreement These Terms and Conditions, together with our [privacy statement](#?cmplz_region_redirect=true) and [cookie policy](https://ashbrookeconsultants.co.uk/cookie-policy-uk/?cmplz_region_redirect=true), constitute the entire agreement between you and Ashbrooke Management Consultants Limited in relation to your use of this website. ## 22. Updating of these Terms and conditions We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions. ## 23. Choice of Law and Jurisdiction These Terms and Conditions shall be governed by the laws of United Kingdom. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of United Kingdom. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected. ## 24. Contact information This website is owned and operated by Ashbrooke Management Consultants Limited. You may contact us regarding these Terms and Conditions through our [contact](https://ashbrookeconsultants.co.uk/contact/) page. ## 25. Download You can also [download](https://ashbrookeconsultants.co.uk/wp-content/plugins/complianz-terms-conditions/download.php) our Terms and Conditions as a PDF. --- ### [Account](https://ashbrookeconsultants.co.uk/account/) **Published:** April 29, 2022 **Author:** Administrator **Content:** ## Login Username or Email \* Password \* Login Remember me [Lost your password?](https://ashbrookeconsultants.co.uk/account/lost-password/) --- ### [Order Failed](https://ashbrookeconsultants.co.uk/order-failed/) **Published:** April 29, 2022 **Author:** Administrator **Content:** No order was found. [Return to Account →](https://ashbrookeconsultants.co.uk/account/) --- ### [Order Received](https://ashbrookeconsultants.co.uk/order-received/) **Published:** April 29, 2022 **Author:** Administrator **Content:** No order was found. [Return to Account →](https://ashbrookeconsultants.co.uk/account/) --- ### [Checkout](https://ashbrookeconsultants.co.uk/checkout/) **Published:** April 29, 2022 **Author:** Administrator **Content:** Your cart is currently empty. --- ### [Leaderboard](https://ashbrookeconsultants.co.uk/leaderboard/) **Published:** June 11, 2022 **Author:** Administrator **Content:** No results found. --- ### [Regulatory Compliance Case Study](https://ashbrookeconsultants.co.uk/regulatory-compliance-case-study/) **Published:** August 2, 2020 **Author:** Administrator **Content:** Regulatory compliance is a risk which all organisations must manage. Our consultants worked with one of the UK’s largest distribution companies to develop a compliance system for their transport depots. The company, which covers over 30 million miles each year, were seeking to implement a compliance system which identified the key legislation applicable to their operations and the procedures in place to ensure compliance. As the company dealt with a variety of UK regulators – [Health and Safety Executive](https://www.hse.gov.uk/), [Environment Agency](https://www.gov.uk/government/organisations/environment-agency), local authorities – it was important to ensure that any compliance system encompassed all areas of the business. Our consultants developed a database of [legislation and cross referenced the internal procedures which the company](https://ashbrookeconsultants.co.uk/governance/why-your-company-needs-a-legislation-register/) adopted to ensure they stayed within the law. Where gap analysis identified further controls were required, our team helped develop new procedures in consultation with managers and operational staff. ![regulatory compliance](http://www.ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/1d4401f781a27dd613174a90d32c9ed2-1024x768.jpg)If you require advice and support for your business, [please contact one of our team](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us"). --- ### [Food Safety Case Study](https://ashbrookeconsultants.co.uk/food-safety/) **Published:** August 2, 2020 **Author:** Administrator **Content:** In this food safety case study, we review the work undertaken by our consultants for a global information services organisation. In preparation for the introduction of a major new [European regulation on Food Safety](https://european-union.europa.eu/priorities-and-actions/actions-topic/food-safety_en#:~:text=%20EU%20food%20safety%20policy%20and%20action%20is,away%20from%20food%20and%20animal%20feed.%20More%20), our consultants worked with our client to develop a training programme specifically aimed at food manufacturing companies. Our legislation team reviewed the new legislation identifying the changes required by UK food companies and developed a bespoke training course of 1 day duration. Our consultants then delivered the training to a variety of manufacturers across the UK improving staff knowledge of the imminent changes and assisting companies to remain compliant with [food safety](https://ashbrookeconsultants.co.uk/food-safety/peanut-allergy-breach/) law. The course proved to be very popular with a range of UK food manufacturers and provided the skills and knowledge required so attendees could implement new procedures within their own companies in advance of the new legislation taking affect. ![food safety](http://www.ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/katarzyna-grabowska-GZ0TGTwiCiQ-cropped-1024x1024.jpg)Food safety regulationIf you require food safety advice and support for your business, [please contact one of our team.](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us") --- ### [Environment Case Study](https://ashbrookeconsultants.co.uk/environmental-case-study/) **Published:** August 2, 2020 **Author:** Administrator **Content:** As a risk management consultancy, we have specialists in a number of areas and in this environment case study we will explain how we assisted a client achieve certification and environmental recognition. As a global beverage manufacturer with over 3,000 employees, our client was implementing an environmental management system to[ ISO 14001 standards.](https://www.iso.org/iso-14001-environmental-management.html) Part of this programme required staff to undertake training to ensure understanding of environmental laws applicable to the business, the environmental impacts of the work they carried out and how to reduce them. Our environmental consultants worked with the senior management team to develop a bespoke training course for managers and supervisors in the UK operations. ![environment](http://www.ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/leaf-nature-water-green-freshness-dew-1440527-pxhere.com_-1024x768.jpg)If you require environment advice and support for your business, [please contact one of our team. ](https://ashbrookeconsultants.co.uk/contact-us/ "Contact Us") --- ## Certificates ### [Test certificate 2](https://ashbrookeconsultants.co.uk/certificate/test-certificate-2/) **Published:** August 8, 2022 **Author:** Administrator **Content:** CERTIFICATE OF COMPLETION COURSE TITLE This certificate is awarded to: STUDENT NAME ![](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/07/C6D62E1C-9418-4BFD-BE82-D819508D6E79.png) --- INSTRUCTOR NAME Course Director ![](https://ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/cropped-MediumSquareLogo-150x150.png) Certificate number --- CERTIFICATE NUMBER 17-October-2026 --- ### [Certificate of Achievement](https://ashbrookeconsultants.co.uk/certificate/certificate-of-achievement/) **Published:** August 4, 2022 **Author:** Administrator **Content:** ![](https://ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/cropped-MediumSquareLogo-150x150.png) STUDENT NAME has successfully completed the COURSE TITLE ![](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/07/C6D62E1C-9418-4BFD-BE82-D819508D6E79.png) --- INSTRUCTOR NAME TEXT ENTRY --- ## Courses ### [Asbestos Awareness Course (Level I) Copy](https://ashbrookeconsultants.co.uk/course/asbestos-awareness-course-level-i-copy/) **Published:** September 24, 2026 **Author:** Administrator **Content:** Asbestos can be found in any building built before the year 2000 (houses, factories, offices, schools, hospitals etc) and causes around 5,000 deaths every year. Workers and supervisors must be able to recognise asbestos-containing materials (ACMs) and know what to do if they come across them in order to protect themselves and others. Information, instruction and training for asbestos awareness is intended to give workers, supervisors and managers the information they need to avoid work that may disturb asbestos during any normal work which could disturb the fabric of a building, or other item which might contain asbestos. It will not prepare workers, or self-employed contractors, to carry out work with asbestos-containing materials. If a worker is planning to carry out work that will disturb ACMs, further information, instruction and training will be needed. Upon completion of the course, delegates will be able to demonstrate an understanding of: - the properties of asbestos and its effects on health, including the increased risk of developing lung cancer for asbestos workers who smoke - the types, uses and likely occurrence of asbestos and asbestos materials in buildings and plant - the general procedures to deal with an emergency, e.g., an uncontrolled release of asbestos dust into the workplace - how to avoid the risk of exposure to asbestos ![](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/shutterstock_97385543_Chris-Pole-300x200.jpg) **Categories:** Health & Safety **Tags:** asbestos, course, health and safety --- ### [Health & Safety for Directors](https://ashbrookeconsultants.co.uk/course/health-safety-for-directors/) **Published:** July 26, 2022 **Author:** Administrator **Content:** Failure to include health and safety as a key business risk in board decisions can have catastrophic results. Many high-profile safety cases over the years have been rooted in failures of leadership. Health and safety law places duties on organisations and employers, and directors can be personally liable when these duties are breached: members of the board have both collective and individual responsibility for health and safety within their organisation. The course is delivered by a director and barrister with over 10 years experience in strategic health and safety management. ![people sitting beside brown wooden desk near flat screen tv](https://www.ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/pexels-photo-1181355-300x200.jpeg) **Categories:** Health & Safety --- ### [An Introduction to the ISO 9001 Quality Management System](https://ashbrookeconsultants.co.uk/course/an-introduction-to-the-iso-9001-quality-management-system/) **Published:** July 26, 2022 **Author:** Administrator **Content:** The course provides an introduction to the ISO 9001:2015 Quality Management Standard requirements. The course details each requirement of the standard and how this can be achieved in a quality management system for an organisation. Practical examples provide an insight into the implementation and operation of quality management systems in a variety of business sectors. ![Employers are required to appoint a Competent Person](https://www.ashbrookeconsultants.co.uk/wp-content/uploads/2020/08/work-rope-roof-recreation-jumping-repair-732451-pxhere.com_-300x225.jpg) **Categories:** Quality Management --- ## Units ### [Asbestos Surveys](https://ashbrookeconsultants.co.uk/module-4/asbestos-surveys-2/) **Published:** September 24, 2026 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Asbestos Control Procedures](https://ashbrookeconsultants.co.uk/module-4/asbestos-control-procedures-2/) **Published:** September 24, 2026 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Asbestos Management Plan](https://ashbrookeconsultants.co.uk/module-4/asbestos-management-plan-2/) **Published:** September 24, 2026 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Periodic Checks and Inspections](https://ashbrookeconsultants.co.uk/module-4/periodic-checks-and-inspections-2/) **Published:** September 24, 2026 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Emergencies](https://ashbrookeconsultants.co.uk/module-5/emergencies-2/) **Published:** September 24, 2026 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Licenced Asbestos Work](https://ashbrookeconsultants.co.uk/module-6/licenced-asbestos-work-2/) **Published:** September 24, 2026 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Exercise 2](https://ashbrookeconsultants.co.uk/module-3/exercise-2-2/) **Published:** September 24, 2026 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Main Legislation Relating to Asbestos](https://ashbrookeconsultants.co.uk/module-4/main-legislation-relating-to-asbestos/) **Published:** September 24, 2026 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Control of Asbestos Regulations 2012](https://ashbrookeconsultants.co.uk/module-4/control-of-asbestos-regulations-2012-2/) **Published:** September 24, 2026 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Duty to Manage Asbestos](https://ashbrookeconsultants.co.uk/module-4/duty-to-manage-asbestos-2/) **Published:** September 24, 2026 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Responsibilities](https://ashbrookeconsultants.co.uk/module-4/responsibilities-2/) **Published:** September 24, 2026 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Health Hazards](https://ashbrookeconsultants.co.uk/module-2/health-hazards-2/) **Published:** September 24, 2026 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Asbestosis](https://ashbrookeconsultants.co.uk/module-2/asbestosis-2/) **Published:** September 24, 2026 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Asbestos Related Lung Cancer](https://ashbrookeconsultants.co.uk/module-2/asbestos-related-lung-cancer-2/) **Published:** September 24, 2026 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Mesothelioma](https://ashbrookeconsultants.co.uk/module-2/mesothelioma-2/) **Published:** September 24, 2026 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Deaths from Asbestos](https://ashbrookeconsultants.co.uk/module-2/deaths-from-asbestos-2/) **Published:** September 24, 2026 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Activities which may pose a risk of exposure](https://ashbrookeconsultants.co.uk/module-3/activities-which-may-pose-a-risk-of-exposure-2/) **Published:** September 24, 2026 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Exercise 1](https://ashbrookeconsultants.co.uk/module-3/exercise-1-2/) **Published:** September 24, 2026 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [What is Asbestos](https://ashbrookeconsultants.co.uk/module-1/what-is-asbestos-2/) **Published:** September 24, 2026 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Types of Asbestos](https://ashbrookeconsultants.co.uk/module-1/types-of-asbestos-2/) **Published:** September 24, 2026 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Where are you likely to find asbestos](https://ashbrookeconsultants.co.uk/module-1/where-are-you-likely-to-find-asbestos-2/) **Published:** September 24, 2026 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Exercise 2](https://ashbrookeconsultants.co.uk/module-3/exercise-2/) **Published:** October 4, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Exercise 1](https://ashbrookeconsultants.co.uk/module-3/exercise-1/) **Published:** August 4, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Licenced Asbestos Work](https://ashbrookeconsultants.co.uk/module-6/licenced-asbestos-work/) **Published:** August 4, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Emergencies](https://ashbrookeconsultants.co.uk/module-5/emergencies/) **Published:** August 4, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Periodic Checks and Inspections](https://ashbrookeconsultants.co.uk/module-4/periodic-checks-and-inspections/) **Published:** August 4, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Asbestos Management Plan](https://ashbrookeconsultants.co.uk/module-4/asbestos-management-plan/) **Published:** August 4, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Asbestos Control Procedures](https://ashbrookeconsultants.co.uk/module-4/asbestos-control-procedures/) **Published:** August 4, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Asbestos Surveys](https://ashbrookeconsultants.co.uk/module-4/asbestos-surveys/) **Published:** August 4, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Responsibilities](https://ashbrookeconsultants.co.uk/module-4/responsibilities/) **Published:** August 4, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Duty to Manage Asbestos](https://ashbrookeconsultants.co.uk/module-4/duty-to-manage-asbestos/) **Published:** August 4, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Control of Asbestos Regulations 2012](https://ashbrookeconsultants.co.uk/module-4/control-of-asbestos-regulations-2012/) **Published:** August 4, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Deaths from Asbestos](https://ashbrookeconsultants.co.uk/module-2/deaths-from-asbestos/) **Published:** August 4, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Mesothelioma](https://ashbrookeconsultants.co.uk/module-2/mesothelioma/) **Published:** August 4, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Main Legislation Relating to Asbestos](https://ashbrookeconsultants.co.uk/module-4/health-and-safety-at-work-etc-act-1974/) **Published:** August 4, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Activities which may pose a risk of exposure](https://ashbrookeconsultants.co.uk/module-3/activities-which-may-pose-a-risk-of-exposure/) **Published:** August 20, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Where is Asbestos Found](https://ashbrookeconsultants.co.uk/module-unassigned/where-is-asbestos-found/) **Published:** August 4, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Asbestos Related Lung Cancer](https://ashbrookeconsultants.co.uk/module-2/asbestos-related-lung-cancer/) **Published:** August 4, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Asbestosis](https://ashbrookeconsultants.co.uk/module-2/asbestosis/) **Published:** August 4, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Health Hazards](https://ashbrookeconsultants.co.uk/module-2/health-hazards/) **Published:** August 4, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [What is Asbestos](https://ashbrookeconsultants.co.uk/module-1/what-is-asbestos/) **Published:** August 4, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Where are you likely to find asbestos](https://ashbrookeconsultants.co.uk/module-1/where-are-you-likely-to-find-asbestos/) **Published:** August 4, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Types of Asbestos](https://ashbrookeconsultants.co.uk/module-1/types-of-asbestos/) **Published:** August 4, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Certification](https://ashbrookeconsultants.co.uk/module-2/certification/) **Published:** July 26, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Performance, Evaluation & Analysis](https://ashbrookeconsultants.co.uk/module-2/performance-evaluation-analysis/) **Published:** July 26, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Integration of Other Management Systems](https://ashbrookeconsultants.co.uk/module-2/integration-of-other-management-systems/) **Published:** July 26, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Leadership & Management](https://ashbrookeconsultants.co.uk/module-2/leadership-management/) **Published:** July 26, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Establishing a Quality Culture](https://ashbrookeconsultants.co.uk/module-2/establishing-a-quality-culture/) **Published:** July 26, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [A Process Approach to Quality Management](https://ashbrookeconsultants.co.uk/module-2/a-process-approach-to-quality-management/) **Published:** July 26, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Documented Information](https://ashbrookeconsultants.co.uk/module-1/documented-information/) **Published:** July 26, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Communication, Resources, Training & Competence](https://ashbrookeconsultants.co.uk/module-1/communication-resources-training-competence/) **Published:** July 26, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Key Business Issues & Risks](https://ashbrookeconsultants.co.uk/module-1/key-business-issues-risks/) **Published:** July 26, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Identifying Key Interested Parties & Stakeholders](https://ashbrookeconsultants.co.uk/module-1/identifying-key-interested-parties-stakeholders/) **Published:** July 26, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Business Benefits from ISO 9001](https://ashbrookeconsultants.co.uk/module-1/business-benefits-from-iso-9001/) **Published:** July 26, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Legislation, Guidance & Enforcement](https://ashbrookeconsultants.co.uk/module-1/legislation-guidance-enforcement/) **Published:** July 26, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Organisational Arrangements](https://ashbrookeconsultants.co.uk/module-2/organisational-arrangements/) **Published:** July 26, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Roles & Responsibilities](https://ashbrookeconsultants.co.uk/module-2/roles-responsibilities/) **Published:** July 26, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Act](https://ashbrookeconsultants.co.uk/module-3/act/) **Published:** July 26, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Check](https://ashbrookeconsultants.co.uk/module-3/check/) **Published:** July 26, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Do](https://ashbrookeconsultants.co.uk/module-3/do/) **Published:** July 26, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Plan](https://ashbrookeconsultants.co.uk/module-3/plan/) **Published:** July 26, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [Health & Safety Policy](https://ashbrookeconsultants.co.uk/module-2/health-safety-policy/) **Published:** July 26, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ### [The Health & Safety at Work etc Act 1974](https://ashbrookeconsultants.co.uk/module-1/the-health-safety-at-work-etc-act-1974/) **Published:** July 26, 2022 **Author:** Administrator **Content:** Sorry, but you're not allowed to access this unit. --- ## Client Knowledge Base ### [Fire Safety](https://ashbrookeconsultants.co.uk/docs/fire-safety/) **Published:** September 8, 2026 **Author:** Administrator **Content:** **Fires can be devastating but with basic fire safety measures in place they can be prevented. Those responsible for workplaces and other buildings to which the public have access can avoid them by taking responsibility for and adopting the right behaviours and procedures.** ## General fire safety hazards Fires need three things to start – a source of ignition (heat), a source of fuel (something that burns) and oxygen. This is often referred to as the fire triangle: - sources of ignition include heaters, lighting, naked flames, electrical equipment, smokers’ materials (cigarettes, matches etc), and anything else that can get very hot or cause sparks - sources of fuel include wood, paper, plastic, rubber or foam, loose packaging materials, waste rubbish and furniture - sources of oxygen include the air around us ## What do I have to do? Employers (and/or building owners or occupiers) must carry out a fire safety [Risk Assessment](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/risk-assessment/) and keep it up to date. This shares the same approach as health and safety risk assessments and can be carried out either as part of an overall [Risk Assessment](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/risk-assessment/) or as a separate exercise. Based on the findings of the assessment, employers need to ensure that adequate and appropriate fire safety measures are in place to minimise the risk of injury or loss of life in the event of a fire. To help prevent fire in the workplace, your [Risk Assessment](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/risk-assessment/) should identify what could cause a fire to start, ie sources of ignition (heat or sparks) and substances that burn, and the people who may be at risk. Once you have identified the risks, you can take appropriate action to control them. Consider whether you can avoid them altogether or, if this is not possible, how you can reduce the risks and manage them. Also consider how you will protect people if there is a fire. - Carry out a fire safety [Risk Assessment](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/risk-assessment/) - Keep sources of ignition and flammable substances apart - Avoid accidental fires, eg make sure heaters cannot be knocked over - Ensure good housekeeping at all times, eg avoid build-up of rubbish that could burn - Consider how to detect fires and how to warn people quickly if they start, eg installing smoke alarms and fire alarms or bells - Have the correct fire-fighting equipment for putting a fire out quickly - Keep fire exits and escape routes clearly marked and unobstructed at all times - Ensure your workers receive appropriate training on procedures they need to follow, including fire drills - Review and update your [Risk Assessment](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/risk-assessment/) regularly **The law** The Regulatory Reform (Fire Safety) Order 2005 covers general fire safety in England and Wales. In Scotland, requirements on general fire safety are covered in Part 3 of the Fire (Scotland) Act 2005, supported by the Fire Safety (Scotland) Regulations 2006. In the majority of premises, local fire and rescue authorities are responsible for enforcing this fire safety legislation. [HSE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/hse/) has enforcement responsibility on construction sites and on ships under construction or undergoing repair. ## Dangerous substances that cause fire and explosion Work which involves the storage, use or creation of chemicals, vapours, dusts etc that can readily burn or explode is hazardous. Each year people are injured at work by flammable substances accidentally catching fire or exploding. ## What are the hazards? Many substances found in the workplace can cause fires or explosions. These range from the obvious, eg flammable chemicals, petrol, cellulose paint thinners and welding gases, to the less obvious – engine oil, grease, packaging materials, dusts from wood, flour and sugar. It is important to be aware of the risks and to control or get rid of them to prevent accidents. ## What do I have to do? To help prevent accidental fires or explosions, you first need to identify: - what substances, materials, processes etc have the potential to cause such an event, ie substances that burn or can explode and what might set them alight - the people who may be at risk/harmed Once you have identified the risks, you should consider what measures are needed to reduce or remove the risk of people being harmed. This will include measures to prevent these incidents happening in the first place, as well as precautions that will protect people from harm if there is a fire or explosion. ## Key points to remember - Think about the risks of fire and explosions from the substances you use or create in your business and consider how you might remove or reduce the risks - Use supplier safety data sheets as a source of information about which substances might be flammable - Consider reducing the amount of flammable/explosive substances you store on site - Keep sources of ignition (eg naked flames, sparks) and substances that burn (eg vapour, dusts) apart - Get rid of flammable/explosive substances safely - Review your [Risk Assessment](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/risk-assessment/) regularly - Maintain good housekeeping, eg avoid build-up of rubbish, dust or grease that could start a fire or make one worse You also need to consider the presence of dangerous substances that can result in fires or explosions as part of your fire safety [Risk Assessment](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/risk-assessment/). This is required under the Regulatory Reform (Fire Safety) Order 2005 (in England and Wales) and under Part 3 of the Fire (Scotland) Act. The Fire and Rescue Authorities deal with general fire safety matters in workplaces apart from on construction sites including shipbuilding where these are dealt with by [HSE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/hse/) or its agents. Enforcement responsibility for fire safety where dangerous substances are kept and used generally lies with [HSE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/hse/) (or local authorities if they inspect the premises). [Guidance for Schools](https://www.gov.uk/government/publications/fire-safety-risk-assessment-educational-premises) [Guidance for Transport Premises](https://www.gov.uk/government/publications/fire-safety-risk-assessment-transport-premises-and-facilities) [Guidance for Healthcare Premises](https://www.gov.uk/government/publications/fire-safety-risk-assessment-healthcare-premises) [Guidance for Factories and Warehouses](https://www.gov.uk/government/publications/fire-safety-risk-assessment-factories-and-warehouses) [Guidance for Offices and Shops](https://www.gov.uk/government/publications/fire-safety-risk-assessment-offices-and-shops) **Docs Tags:** Fire Safety, Risk --- ### [RIDDOR](https://ashbrookeconsultants.co.uk/docs/riddor/) **Published:** July 3, 2024 **Author:** Administrator **Excerpt:** RIDDOR puts duties on employers, the self-employed and people in control of work premises (the Responsible Person) to report certain serious workplace accidents, occupational diseases and specified dangerous occurrences (near misses). **Content:** [RIDDOR](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/riddor/) puts duties on employers, the self-employed and people in control of work premises (the Responsible Person) to report certain serious workplace accidents, occupational diseases and specified dangerous occurrences (near misses). [RIDDOR](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/riddor/) stands for the [Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013](https://www.legislation.gov.uk/uksi/2013/1471/contents) which is the relevant legislation. ## Types of [RIDDOR](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/riddor/) reportable incidents ### Deaths and injuries If someone has died or has been injured because of a work-related accident this may have to be reported. Not all accidents need to be reported, other than for certain gas incidents, a [RIDDOR](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/riddor/) report is required only when: - the accident is work-related - it results in an injury of a type which is reportable ### Types of [RIDDOR](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/riddor/) reportable injury **The death of any person** All deaths to workers and non-workers, with the exception of suicides, must be reported if they arise from a work-related accident, including an act of physical violence to a worker. **Specified injuries to workers** The list of ‘specified injuries’ in [RIDDOR](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/riddor/) 2013 replaces the previous list of ‘major injuries’ in [RIDDOR](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/riddor/) 1995. Specified injuries are (regulation 4): - fractures, other than to fingers, thumbs and toes - amputations - any injury likely to lead to permanent loss of sight or reduction in sight - any crush injury to the head or torso causing damage to the brain or internal organs - serious burns (including scalding) which: - covers more than 10% of the body - causes significant damage to the eyes, respiratory system or other vital organs - any scalping requiring hospital treatment - any loss of consciousness caused by head injury or asphyxia - any other injury arising from working in an enclosed space which: - leads to hypothermia or heat-induced illness - requires resuscitation or admittance to hospital for more than 24 hours ![Accident RIDDOR](https://ashbrookeconsultants.co.uk/wp-content/uploads/2024/07/pexels-rdne-6519905-1024x683.jpg)**Over-seven-day incapacitation of a worker** Accidents must be reported where they result in an employee or self-employed person being away from work, or unable to perform their normal work duties, for more than seven consecutive days as the result of their injury. This seven-day period does not include the day of the accident, but does include weekends and rest days. The report must be made within 15 days of the accident. **Over-three-day incapacitation** Accidents must be recorded, but not reported where they result in a worker being incapacitated for more than three consecutive days. If you are an employer, who must keep an accident book under the Social Security (Claims and Payments) Regulations 1979, that record will be enough. **Non fatal accidents to non-workers (e.g. members of the public, pupils in a school)** Accidents to members of the public or others who are not at work must be reported if they result in an injury and the person is taken directly from the scene of the accident to hospital for treatment to that injury. Examinations and diagnostic tests do not constitute ‘treatment’ in such circumstances. There is no need to report incidents where people are taken to hospital purely as a precaution when no injury is apparent. If the accident occurred at a hospital, the report only needs to be made if the injury is a ‘specified injury’ (see above). **Occupational diseases** Employers and self-employed people must report diagnoses of certain occupational diseases, where these are likely to have been caused or made worse by their work: These diseases include (regulations 8 and 9): - carpal tunnel syndrome; - severe cramp of the hand or forearm; - occupational dermatitis; - hand-arm vibration syndrome; - occupational asthma; - tendonitis or tenosynovitis of the hand or forearm; - any occupational cancer; - any disease attributed to an occupational exposure to a biological agent. Specific guidance is also available for: - occupational cancers - diseases associated with biological agents **Dangerous occurrences** Dangerous occurrences are certain, specified near-miss events. Not all such events require reporting. There are 27 categories of dangerous occurrences that are relevant to most workplaces, for example: - the collapse, overturning or failure of load-bearing parts of lifts and lifting equipment; - plant or equipment coming into contact with overhead power lines; - the accidental release of any substance which could cause injury to any person. Additional categories of dangerous occurrences apply to mines, quarries, offshore workplaces and relevant transport systems (railways etc). **Gas incidents** Distributors, fillers, importers & suppliers of flammable gas must report incidents where someone has died, lost consciousness, or been taken to hospital for treatment to an injury arising in connection with that gas. Such incidents should be reported using the Report of a Flammable Gas Incident – online form. Registered gas engineers (under the Gas Safe Register,) must provide details of any gas appliances or fittings that they consider to be dangerous, to such an extent that people could die, lose consciousness or require hospital treatment. The danger could be due to the design, construction, installation, modification or servicing of that appliance or fitting, which could cause: - an accidental leakage of gas; - incomplete combustion of gas or; - inadequate removal of products of the combustion of gas. Unsafe gas appliances and fittings should be reported using the Report of a Dangerous Gas Fitting – online form. # Additional Resources [Accident investigation form](https://ashbrookeconsultants.co.uk/wp-content/uploads/2024/07/Accident-Investigation-Report-Form.docx "Accident Investigation Report Form") **Docs Tags:** RIDDOR --- ### [Personal protective equipment (PPE)](https://ashbrookeconsultants.co.uk/docs/personal-protective-equipment-ppe/) **Published:** July 3, 2024 **Author:** Administrator **Excerpt:** Employers must protect workers from health and safety risks including the provision of PPE. This means they must provide PPE free of charge if a risk assessment shows it is needed. **Content:** ## Overview Employers must protect workers from health and safety risks including the provision of [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/). This means they must provide [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) free of charge if a [Risk Assessment](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/risk-assessment/) shows it is needed. To stay safe, workers may have to wear [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) such as safety helmets, gloves, eye or hearing protection, high-visibility clothing, safety footwear and harnesses. [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) also includes respiratory protective equipment (RPE) to prevent workers breathing in dust, mist, gas or fume. ## When to use [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) Employers must do a [Risk Assessment](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/risk-assessment/). Some hazards may still remain after engineering controls and safe systems of work have been applied. [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) may then be needed to reduce the risk of injury from: - breathing in dust, mist, gas or fume - falling materials hitting people - flying particles or splashes of corrosive liquids getting into people’s eyes - skin contact with corrosive materials - excessive noise - extremes of heat or cold ## What the law says The Personal Protective Equipment at Work Regulations 1992 place duties on employers to ensure that [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) is: - properly assessed before use to make sure it is fit for purpose - maintained and stored properly - provided with instructions on how to use it safely - used correctly by workers Employers must ensure workers have sufficient information, instruction and training on [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) use. ![PPE](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/pexels-kateryna-babaieva-2760241-1024x683.jpg)Duties regarding [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) were extended on 6 April 2022 to include [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) for limb (b) workers. Under the [Personal Protective Equipment at Work (Amendment) Regulations 2022](https://www.legislation.gov.uk/uksi/2022/8/contents/made) (PPER 2022), the types of duties and responsibilities on employers and employees under PPER 1992 remain unchanged but are extended to limb (b) workers, as defined in PPER 2022. If [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) is required, employers must ensure their workers have sufficient information, instruction and training on the use of [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/). A limb (b) worker now has a duty to use the [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) in accordance with their training and instruction, and ensure it is returned to the storage area provided by their employer. If you provide [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/), you should ensure it complies with product supply legislation. ## Managing risk using [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) As part of your [Risk Assessment](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/risk-assessment/) you should decide whether [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) is needed. Use the hierarchy of controls to make this decision. ## Hierarchy of controls [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) should be the last resort to protect against risks. Consider controls in the following order, with elimination being the most effective and [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) being the least effective: - Elimination – physically remove the hazard - Substitution – replace the hazard - Engineering controls – isolate people from the hazard - Administrative controls – change the way people work - [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) – protect the worker with equipment You must select equipment carefully. Make sure all workers are trained to use it properly and know how to detect and report any faults. ## Selection and use Before you select [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/), think about: - who is exposed - what they are exposed to - how long are they exposed for - how much are they exposed to By involving your workers when selecting [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/), they will be more likely to understand its importance and use it. ### Selecting [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) Check with your supplier on what [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) is appropriate – explain the job to them. If in doubt, seek further advice from a specialist adviser. Choose products which are [CE or UKCA marked](https://www.hse.gov.uk/ppe/product-safety-and-supply.htm). Select equipment that suits the worker – consider the size, fit, compatibility and weight of the [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) and the physical characteristics of the user. Modifying [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) to fit is not a suitable solution. For example, coveralls that don’t fit correctly could increase the risk of entanglement if sleeves are too long. For some [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/), such as harnesses or lifejackets, choosing the right size is particularly critical to ensure they fit properly and need to do so to protect against fatal hazards. Once you have selected [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/), you must provide this for your workers free of charge. ### Using [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) If more than one item of [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) is worn at the same time, make sure they can be used together. For example, wearing safety glasses may disturb the seal of a respirator, causing air leaks. Choose hard hats and ear defenders carefully to make sure they can be worn together and are both effective. Instruct and train people how to use [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/), for example train people to remove gloves without contaminating their skin. Tell them why [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) is needed, when to use it and what its limitations are. If your [Risk Assessment](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/risk-assessment/) shows [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) is needed for a task, it should always be used, even for those jobs that ’only take a few minutes‘. ## Maintenance [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) must be properly looked after and stored when not in use, for example in a dry, clean cupboard. If it is reusable it must be cleaned and kept in good condition. Think about: - using the correct replacement parts, following the manufacturer’s replacement schedule - keeping replacement [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) available - who is responsible for maintenance and how they should do this ### How to maintain equipment Some maintenance can be done by workers themselves, such as replacing a shoelace which can be done by the wearer. More specialist equipment, such as a harness for [Working at Height](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/working-at-height/), may need to be sent back to the manufacturer if maintenance is required. The effectiveness of some types of [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/), particularly clothing, will be significantly reduced if they are not kept clean. Hi-vis jackets, trousers and coveralls must be cleaned regularly to ensure the retroreflective strips continue to be easily identifiable Keep a supply of appropriate disposable suits. They are useful for dirty jobs where laundry costs are high, for example for visitors who need protective clothing. Workers must make proper use of [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) and report any loss, destruction or obvious defect on the [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) they are given. ## Monitor and review Check regularly that [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) is used – if it is not, find out why. Safety signs can be a useful reminder that [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) should be worn – many workplaces will often have signs at the entrance indicating what sort of [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) should be worn. Take note of any changes in equipment, materials and methods – you may need to update what you provide. ## Using the right type of [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) When your [Risk Assessment](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/risk-assessment/) shows you should provide [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/), you need to make sure you choose the right type to protect different parts of the body. ### Eyes Hazards to the eyes include chemical or metal splash, dust, projectiles, gas and vapour or radiation. [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) options include safety spectacles, goggles, face screens, face shields and visors. Make sure the [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) you choose has the right combination of eye protection against various hazards of impact, dust, splash or molten metal. It should also be appropriate for the task and fit the user properly. ### Head and neck Hazards to the head and neck include falling or flying objects, risk of banging the head, hair getting tangled in machinery, chemical drips or splash, climate or extreme temperatures. [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) options include safety helmets, bump caps and hairnets. Some safety helmets incorporate or can be fitted with specially designed eye or hearing protection. Do not forget neck protection, for example, during welding. Always replace head protection if it is damaged. ### Ears Hazards to the ears from noise come from a combination of sound level and duration of exposure. Very high-level sounds are a hazard even with short duration. [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) options include earplugs, earmuffs or semi-insert/canal caps. Provide the right hearing protectors for the type of work, and make sure workers know how to fit them. Choose protectors that reduce noise to an acceptable level, while allowing for safety and communication. ### Hands and arms Hazards to the hands and arms include abrasion, temperature, cuts, impact, chemicals, electric shock, radiation, biological agents or prolonged immersion in water. [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) options are gloves (including gloves with a cuff), gauntlets and sleeving that covers part or all of the arm. Avoid gloves when operating machines such as bench drills where they might get caught. Barrier creams are not a substitute for proper [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/). Using separate cotton inner gloves can help prevent skin problems from wearing gloves for long periods. Choose gloves made from materials that are not quickly penetrated by chemicals. There is more guidance on skin at work. ### Feet and legs Hazards to the feet and legs include temperature, electrostatic build-up, slipping, cuts, falling objects, heavy loads, metal and chemical splash or being struck by a vehicle. [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) options include penetration-resistant safety boots and shoes with protective toecaps or specific footwear, for example foundry boots and chainsaw boots. Select appropriate footwear for the risks. It can have a variety of sole patterns and materials to help prevent slips in different conditions, including oil or chemical-resistant soles. It can also be anti-static, electrically conductive or thermally insulating. ### Lungs Hazards to the lungs include oxygen-deficient atmospheres, dusts, gases or vapours. Respiratory protective equipment (RPE) options include respirators which rely on filtering contaminants from workplace air. These can be simple filtering facepieces and respirators or power-assisted respirators. Some RPE may be face fitted. Some types of RPE give an independent supply of breathable air, for example fresh-air hose, compressed airline and self-contained breathing apparatus. There is detailed guidance on RPE, including how to make sure it fits properly. ### Whole body Hazards to the whole body include heat, chemical or metal splash, spray from pressure leaks or spray guns, contaminated dust, impact or penetration. [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) options include safety harnesses, life jackets, conventional or disposable overalls, boiler suits, aprons and chemical suits. Where it is needed, choose material that is flame-retardant, anti-static, chain mail, chemically impermeable or high-visibility. ### Emergency equipment Careful selection and maintenance and regular operator training is needed for equipment to use in emergencies, like compressed-air escape breathing apparatus, respirators and safety ropes or harnesses. ## Product safety and supply If you provide [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/), you should ensure it complies with product supply legislation. Regulation 2016/425 (as incorporated into UK law) sets out the essential health and safety requirements that must be met before [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) products can be placed on the GB market. The Personal Protective Equipment (Enforcement) Regulations 2018 provide a system for the enforcement of the 2016/425 Regulation and are enforced by [HSE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/hse/) for [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) intended for workplace use in Great Britain. ### Duties for employers If you are an employer, you must choose products which are UKCA marked (or CE marked in specific circumstances). [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) should also have a Declaration of Conformity and instructions on how to use the item – suppliers can advise you. You must ensure that any [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) is only used in line with the manufacturer’s instructions. If you have concerns that [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) supplied for use at work does not comply with the product supply legislation, you can report this to the [HSE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/hse/) by reporting a defective product. ### Duties for those in the supply chain If you are a manufacturer, authorised representative, importer or distributor of [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/), you have duties under Regulation 2016/425 (as incorporated into UK law). These duties are more fully explained in guidance from the Office for Product Safety and Standards (OPSS) and will vary depending on where you are in the supply chain (definitions of the different roles are given below). For example, manufacturers will have more duties, with tighter restrictions, than distributors. However, they all have an important role to play in ensuring that only compliant and safe [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) is placed on the market. #### Manufacturers A manufacturer is a person who manufactures [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/), or has [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) designed or manufactured, and markets that [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) under their name or trademark. #### Authorised representatives An authorised representative is a person authorised by the manufacturer to perform certain tasks on their behalf under a written mandate. Mandated authorised representatives for the GB market can be based in Great Britain or Northern Ireland, but cannot be based outside the UK. #### Importers An importer is a person or business based in the UK who places [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) on the GB market from a country outside the UK. #### Distributors A distributor is any person, other than the manufacturer or importer, who makes [PPE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/ppe/) available on the GB market. ## Additional Resources - [Personal Protective Equipment (PPE) Matrix](https://ashbrookeconsultants.co.uk/wp-content/uploads/2024/07/PPE-Matrix.xlsx) **Docs Tags:** PPE --- ### [Manual Handling](https://ashbrookeconsultants.co.uk/docs/manual-handling/) **Published:** July 3, 2024 **Author:** Administrator **Excerpt:** As an employer, you must protect your workers from the risk of injury from hazardous manual handling in the workplace. Manual handling means transporting or supporting a load by hand or bodily force. It includes lifting, putting down, pushing, pulling, carrying or moving loads. A load can be an object, person or animal. **Content:** ## Introduction to [Manual Handling](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/manual-handling/) As an employer, you must protect your workers from the risk of injury from hazardous [Manual Handling](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/manual-handling/) in the workplace. [Manual Handling](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/manual-handling/) means transporting or supporting a load by hand or bodily force. It includes lifting, putting down, pushing, pulling, carrying or moving loads. A load can be an object, person or animal. The law sets out how employers must deal with risks from [Manual Handling](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/manual-handling/): - avoid hazardous [Manual Handling](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/manual-handling/), so far as reasonably practicable - assess the risk of injury from any hazardous [Manual Handling](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/manual-handling/) operations that cannot be avoided - reduce the risk of injury from hazardous [Manual Handling](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/manual-handling/) to as low as reasonably practicable The weight of a load is important, though the law does not set specific weight limits. In some cases, you must provide information about the weight and position of the centre of gravity of each load, if there is a risk of injury and it is reasonably practicable to do this. ![Manual handling](https://ashbrookeconsultants.co.uk/wp-content/uploads/2024/07/pexels-ketut-subiyanto-4245978-1024x683.jpg)## Avoid Hazardous [Manual Handling](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/manual-handling/) You can avoid hazardous [Manual Handling](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/manual-handling/) operations by: - redesigning the task to avoid moving the load - automating or mechanising the process The best time to decide about mechanisation or automation is when you design plant or work systems. Design the layout of a process so there is very little movement of materials. Consider introducing, for example, a conveyor, a chute, a pallet truck, an electric or hand-powered hoist, or a lift truck to reduce the risk of harm. Mechanical aids can also help reduce or eliminate risks from [Manual Handling](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/manual-handling/). ## Assess [Manual Handling](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/manual-handling/) Risks which cannot be avoided Assess the risk of injury from any hazardous [Manual Handling](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/manual-handling/) operations that cannot be avoided. You should consider the task, the load, the working environment and individual capability, for example: - the postures adopted - how far the load is lifted, lowered or carried - the frequency of the task - the weight of the load - the nature of the load (for example hot, sharp or slippery) - cramped work areas - poor floor surfaces - poor lighting, extremes of temperature - workers’ strength, fitness and underlying medical conditions (for example a history of back problems) Also, look out for: - workers breathing heavily and sweating - workers who complain of excessive fatigue - reluctance to do a particular task - the availability of equipment to help with the lift ## Choose the right level of assessment for each task Some tasks are low risk and don’t need formal assessment. There are simple filters to help you distinguish low-risk tasks from those which need a more detailed assessment. The Health and Safety Executive ([HSE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/hse/)) have published [Risk Assessment](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/risk-assessment/) tools to help you identify high-risk handling operations and prioritise action to control the risks: - the [Manual Handling Assessment Charts (MAC) tool](https://www.hse.gov.uk/pubns/indg383.pdf) for lifting, carrying and team handling - the [Variable Manual handling Assessment Chart (V-MAC)](https://www.hse.gov.uk/msd/mac/vmac/index.htm) tool to help assess complex [Manual Handling](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/manual-handling/) operations where load weights vary - the [Risk Assessment of Pushing and Pulling (RAPP) tool](https://www.hse.gov.uk/msd/pushpull/index.htm) - the [Assessment of Repetitive Tasks (ART) tool](https://www.hse.gov.uk/msd/uld/art/index.htm) if the task involves repetitive work using the upper limbs The [HSE’s detailed checklists](https://www.hse.gov.uk/pubns/ck5.pdf) (PDF) can help you assess the more complex lifting and carrying or pushing and pulling operations. ## Consult your workforce Consult and involve your workforce in your [Risk Assessment](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/risk-assessment/). They and their representatives know the risks in your workplace and may have practical solutions. Operators can often tell you which activities are unpopular, difficult or hard work. ## Reduce the risk of injury Measures to control risk will vary depending on the task. Reduce the risk of injury from hazardous [Manual Handling](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/manual-handling/) operations you can’t avoid. Where possible, provide mechanical help, for example a sack trolley or hoist. Where this is not reasonably practicable, explore changes to the task, the load and the working environment. If manual lifting is the only option then there are things you can do to reduce the risk, including: - make the load smaller or lighter and easier to grasp - break up large consignments into smaller loads - modify the workplace to reduce carrying distances, twisting movements, or the need to lift things from floor level or above shoulder height - change the work routine to avoid excessive work rates and tight deadlines - improve the environment – more space, better flooring, extra lighting or changing the air temperature can make [Manual Handling](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/manual-handling/) easier and safer - make sure the person doing the lifting has been trained to lift as safely as possible There is more information on [Manual Handling](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/manual-handling/) risks and how to control them in the [HSE’s leaflet about manual handling.](https://www.hse.gov.uk/pubns/indg143.htm) ## Training Training can be important in raising awareness and reducing risk, but it won’t ensure safe [Manual Handling](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/manual-handling/) on its own. You should first design the [Manual Handling](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/manual-handling/) operations to be as safe as reasonably practicable. You should also monitor and review procedures to make sure workers understand and apply them. Training should be relevant to the type of work carried out and should cover: - [Manual Handling](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/manual-handling/) risk factors and how injuries can happen - how to use mechanical aids - how to carry out safe [Manual Handling](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/manual-handling/), including good handling techniques - systems of work relevant to the worker’s tasks and environment - practical work so the trainer can identify anything the trainee is not doing safely and put it right The content of any training in good handling technique should be tailored to the tasks the workers carry out. ## The law The [Manual Handling Operations Regulations](https://www.hse.gov.uk/pubns/books/l23.htm) require employers to avoid, assess and reduce the risk of injury from [Manual Handling](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/manual-handling/). # Additional Resources [Manual Handling Risk Assessment Form](https://ashbrookeconsultants.co.uk/wp-content/uploads/2024/07/Manual-Handling-Risk-Assessment-Form.xlsx "Manual Handling Risk Assessment Form") --- ### [What is a Quality Management System?](https://ashbrookeconsultants.co.uk/docs/what-is-a-quality-management-system/) **Published:** September 13, 2026 **Author:** Administrator **Content:** **A detailed guide to [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/):2015 and its requirements** A **quality management system (QMS)** is a structured system of processes, responsibilities, resources and controls used by an organisation to consistently achieve its intended quality-related outcomes. A QMS is concerned with much more than checking finished products or correcting mistakes. It encompasses the way an organisation understands its customers and other interested parties, establishes objectives, controls its processes, manages resources, identifies risks and opportunities, evaluates performance and continually improves. One of the most widely recognised frameworks for a QMS is **[ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/):2015 – Quality management systems – Requirements**. [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) can be implemented by organisations of virtually any size or sector. It does not prescribe a particular organisational structure or require every organisation to operate in the same way. Instead, it establishes a framework against which an organisation can develop and demonstrate an effective quality management system. The standard is divided into ten clauses. Clauses 1 to 3 provide introductory information, references and terminology, while the substantive requirements are principally contained within **Clauses 4 to 10**. --- **Why have a quality management system?** An organisation’s ability to provide a consistent product or service depends on the effectiveness of the processes used to produce and deliver it. Without effective process controls, an organisation may experience: - inconsistent products or services; - customer complaints; - repeated errors; - delays; - excessive waste; - defective products; - poor supplier performance; - inadequate employee competence; - ineffective communication; - failure to identify changing customer requirements; and - failure to learn from previous problems. A QMS provides a systematic means of managing these issues. The underlying objective is to ensure that the organisation has processes capable of consistently meeting applicable requirements and that it has mechanisms for determining whether those processes are actually achieving the intended results. A QMS should therefore form part of the organisation’s normal management arrangements rather than being treated as a separate administrative system. --- **[ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/):2015** [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/):2015 specifies requirements for a quality management system where an organisation: - needs to demonstrate its ability to consistently provide products and services that meet customer and applicable statutory and regulatory requirements; and - seeks to enhance customer satisfaction through the effective application of the system. The standard adopts a **process approach**, incorporates **risk-based thinking**, and is compatible with the **Plan-Do-Check-Act (PDCA)** cycle. ![Quality management system ISO 9001](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/plan-do-check-act-1024x768.jpg)[ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/):2015 is also supported by the ISO 9000 family, particularly **ISO 9000**, which establishes fundamental concepts and vocabulary relating to quality management. An organisation can use [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) without certification. Certification is a separate process involving an independent certification body. --- **Clause 4 – Context of the organisation** Clause 4 requires an organisation to understand its circumstances and establish the boundaries and processes of its QMS. It contains four principal sub-clauses: - 4.1 Understanding the organisation and its context - 4.2 Understanding the needs and expectations of interested parties - 4.3 Determining the scope of the QMS - 4.4 Quality management system and its processes **4.1 Understanding the organisation and its context** The organisation must determine the **internal and external issues** that are relevant to its purpose and strategic direction and that affect its ability to achieve the intended results of its QMS. External issues might include: - economic conditions; - technological developments; - legislation and regulation; - market conditions; - competition; - political circumstances; - environmental conditions; and - social factors. Internal issues could include: - organisational structure; - culture; - competence; - resources; - infrastructure; - knowledge; - technology; and - business processes. The organisation should monitor and review relevant information concerning these issues. **Climate change amendment** [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/):2015 was amended in 2024. The amendment requires organisations to determine whether **climate change is a relevant issue**. This does not automatically mean that every organisation must introduce specific climate-change objectives or an environmental management programme. The requirement is to consider climate change when determining the organisation’s relevant external and internal issues. The organisation should therefore be able to demonstrate that it has considered whether climate change could affect its ability to achieve the intended results of its QMS. **4.2 Understanding the needs and expectations of interested parties** The organisation must determine the interested parties that are relevant to its QMS. It must also determine the relevant requirements of those interested parties. Interested parties may include: - customers; - employees; - owners; - shareholders; - suppliers; - contractors; - regulators; - statutory authorities; - certification bodies; and - other relevant external organisations. The organisation is not required to satisfy every demand made by every interested party. It must determine which interested parties and which of their requirements are relevant to the QMS. The 2024 climate-change amendment also makes clear that relevant interested parties can have requirements related to climate change. **4.3 Determining the scope of the QMS** The organisation must determine the boundaries and applicability of its QMS in order to establish its scope. The scope should consider: - internal and external issues; - relevant interested-party requirements; and - the organisation’s products and services. The scope must be maintained as documented information and be available to relevant interested parties. This is particularly important for organisations seeking certification because the scope defines what activities, locations and products or services are covered by the certified QMS. **4.4 Quality management system and its processes** The organisation must establish, implement, maintain and continually improve its QMS. It must determine the processes needed for the QMS and their application throughout the organisation. For each process, appropriate consideration should be given to matters such as: - inputs and outputs; - sequence and interaction; - criteria and methods; - resources; - responsibilities and authorities; - risks and opportunities; - methods of evaluation; - changes needed to achieve intended results; and - opportunities for improvement. The organisation must also maintain documented information necessary to support process operation and retain documented information necessary to demonstrate that processes are being carried out as planned. This requirement is central to the **process approach**. --- **Clause 5 – Leadership** Clause 5 establishes requirements concerning top management and leadership. Its principal sub-clauses are: - 5.1 Leadership and commitment - 5.2 Policy - 5.3 Organisational roles, responsibilities and authorities **5.1 Leadership and commitment** Top management must demonstrate leadership and commitment with respect to the QMS. This includes taking accountability for the effectiveness of the system and ensuring that the quality policy and quality objectives are compatible with the organisation’s strategic direction. Management must also ensure that QMS requirements are integrated into the organisation’s business processes. Other responsibilities include: - promoting the process approach; - promoting risk-based thinking; - ensuring resources are available; - communicating the importance of effective quality management; - ensuring that the QMS achieves its intended results; - engaging and supporting people; and - promoting improvement. **5.1.2 Customer focus** Top management must demonstrate leadership and commitment with respect to customer focus. The organisation must ensure that: - customer requirements are determined, understood and consistently met; - applicable statutory and regulatory requirements are determined and addressed; - risks and opportunities affecting conformity and customer satisfaction are determined and addressed; and - the focus on enhancing customer satisfaction is maintained. **5.2 Policy** **5.2.1 Establishing the quality policy** Top management must establish a quality policy appropriate to the organisation’s purpose and context. The policy must provide a framework for establishing quality objectives and include commitments to: - satisfy applicable requirements; and - continually improve the QMS. **5.2.2 Communicating the quality policy** The quality policy must: - be available and maintained as documented information; - be communicated, understood and applied within the organisation; and - be available to relevant interested parties, as appropriate. A quality policy should therefore be meaningful to the organisation rather than simply being a statement produced to satisfy an auditor. **5.3 Organisational roles, responsibilities and authorities** Top management must ensure that responsibilities and authorities for relevant roles are assigned, communicated and understood. This includes assigning responsibility and authority for matters such as: - ensuring QMS conformity with [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/); - ensuring processes deliver their intended outputs; - reporting on QMS performance; - promoting customer focus; and - maintaining the integrity of the QMS when changes are planned and implemented. --- **Clause 6 – Planning** Clause 6 contains requirements concerning: - 6.1 Actions to address risks and opportunities - 6.2 Quality objectives and planning to achieve them - 6.3 Planning of changes **6.1 Actions to address risks and opportunities** The organisation must determine risks and opportunities that need to be addressed. This should consider the issues identified under Clause 4.1 and the requirements identified under Clause 4.2. The purpose is to ensure that the QMS can: - achieve its intended results; - enhance desirable effects; - prevent or reduce undesirable effects; and - achieve improvement. The organisation must plan actions to address relevant risks and opportunities and determine how those actions will be integrated into its QMS processes and how their effectiveness will be evaluated. [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) does not prescribe one particular risk-assessment methodology. The approach should be proportionate to the organisation’s circumstances. **6.2 Quality objectives and planning to achieve them** The organisation must establish quality objectives at relevant functions, levels and processes. Objectives must be consistent with the quality policy and be relevant to conformity of products and services and enhancement of customer satisfaction. They must also be: - measurable, where practicable; - monitored; - communicated; and - updated as appropriate. The organisation must retain documented information concerning its quality objectives. Examples include: - reducing customer complaints; - improving delivery performance; - reducing product defects; - improving first-time-right performance; - reducing rework; - improving customer satisfaction; or - increasing supplier performance. The organisation must also determine what will be done, what resources will be required, who will be responsible, when the objective will be achieved and how results will be evaluated. **6.3 Planning of changes** Changes to the QMS must be carried out in a planned manner. The organisation should consider: - the purpose of the change; - potential consequences; - the integrity of the QMS; - resource availability; and - the allocation or reassignment of responsibilities and authorities. This is particularly relevant where organisational restructuring, new technology, new products, acquisitions, changes to suppliers or other significant changes could affect process performance. --- **Clause 7 – Support** Clause 7 addresses the resources and supporting arrangements required by the QMS. The sub-clauses are: - 7.1 Resources - 7.2 Competence - 7.3 Awareness - 7.4 Communication - 7.5 Documented information **7.1 Resources** The organisation must determine and provide the resources needed to establish, implement, maintain and continually improve the QMS. **7.1.2 People** The organisation must provide the people necessary for effective implementation of its QMS and operation and control of its processes. **7.1.3 Infrastructure** Infrastructure necessary to achieve conformity must be determined, provided and maintained. This may include: - buildings; - workspace; - equipment; - hardware and software; - transportation; and - information and communication technology. **7.1.4 Environment for operation of processes** The organisation must determine and manage the environment necessary for operation of its processes and achievement of conformity. This can include physical, social and psychological factors where relevant. Examples include: - temperature; - cleanliness; - lighting; - noise; - ergonomics; - working conditions; and - workplace relationships. **7.1.5 Monitoring and measuring resources** Where monitoring or measurement is used to verify conformity, appropriate resources must be provided. Measuring equipment must be suitable for the particular measurement activity. Where measurement traceability is required, equipment should be appropriately calibrated or verified at specified intervals or before use, against standards traceable to recognised measurement standards where such standards exist. The organisation must retain appropriate evidence of calibration or verification. **7.1.6 Organisational knowledge** The organisation must determine the knowledge necessary for operation of its processes and achievement of conformity. This can include: - technical knowledge; - experience; - lessons learned; - information from previous projects; - customer requirements; - industry knowledge; and - information contained in procedures and work instructions. The organisation must consider how existing knowledge is maintained and made available and how additional knowledge is acquired when circumstances change. --- **7.2 Competence** The organisation must: - determine necessary competence; - ensure people are competent; - take action to acquire necessary competence where required; and - evaluate the effectiveness of action taken. Evidence of competence must be retained where appropriate. Competence is broader than simply having attended training. An employee may have completed a training course but still require supervision or additional experience before being considered competent to perform a particular activity independently. --- **7.3 Awareness** People working under the organisation’s control must be aware of: - the quality policy; - relevant quality objectives; - their contribution to the effectiveness of the QMS; and - the implications of not conforming to QMS requirements. This requirement reinforces the principle that quality is not solely the responsibility of a quality department. --- **7.4 Communication** The organisation must determine relevant internal and external communications associated with the QMS. It should determine: - what will be communicated; - when it will be communicated; - with whom; - how; and - who is responsible for communication. Effective communication is particularly important where processes cross departmental or organisational boundaries. --- **7.5 Documented information** [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) uses the term **documented information** rather than requiring a traditional quality manual and a prescribed hierarchy of procedures. The organisation must control documented information required by the standard and by its QMS. This includes controls concerning: - identification; - format; - review; - approval; - distribution; - access; - storage; - preservation; - changes; and - retention and disposition. The organisation must also ensure that externally generated documented information necessary for planning and operation of the QMS is appropriately identified and controlled. [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) does not require an organisation to document every activity. The amount and type of documentation should be appropriate to the organisation’s size, complexity, processes and competence of its personnel. --- **Clause 8 – Operation** Clause 8 contains the principal operational controls of the standard. Its sub-clauses cover: - 8.1 Operational planning and control - 8.2 Requirements for products and services - 8.3 Design and development - 8.4 Control of externally provided processes, products and services - 8.5 Production and service provision - 8.6 Release of products and services - 8.7 Control of nonconforming outputs **8.1 Operational planning and control** The organisation must plan, implement and control processes needed to meet requirements for products and services. This includes determining: - requirements; - process criteria; - resources; - appropriate process controls; - retained documented information; and - arrangements for planned changes. The organisation must also control planned changes and review unintended changes, taking action where necessary to mitigate adverse effects. Outsourced processes must also be appropriately controlled. --- **8.2 Requirements for products and services** The organisation must establish processes for determining requirements relating to its products and services. This includes communicating with customers concerning: - product and service information; - enquiries and contracts; - orders; - customer feedback; - complaints; - customer property; and - contingency actions where relevant. **8.2.2 Determining requirements** The organisation must determine requirements for products and services, including applicable statutory and regulatory requirements and requirements considered necessary by the organisation. **8.2.3 Review of requirements** Before committing to supply products or services, the organisation must review relevant requirements. The review should establish that the organisation has the ability to meet the requirements. Where requirements differ from those previously expressed, they must be resolved before acceptance. Documented information must be retained where applicable. **8.2.4 Changes to requirements** Relevant documented information must be amended when product or service requirements change. People responsible for the relevant activities must be made aware of the changed requirements. --- **8.3 Design and development** Where design and development is applicable, the organisation must establish, implement and maintain an appropriate design and development process. This includes: - planning; - determining inputs; - applying appropriate controls; - establishing outputs; and - controlling changes. Design inputs should include functional and performance requirements, information from previous similar activities, applicable statutory and regulatory requirements, standards and potential consequences of failure. Design outputs must be suitable for subsequent processes and provide sufficient information for purchasing, production and service provision. Appropriate verification and validation activities must be carried out. Where design and development is not applicable, the organisation should determine and justify the non-applicability within its QMS scope. --- **8.4 Control of externally provided processes, products and services** Organisations frequently depend on suppliers, subcontractors and other external providers. [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) requires the organisation to ensure that externally provided processes, products and services conform to requirements. The organisation must determine appropriate controls based on factors such as: - the effect of externally provided processes on the organisation’s ability to meet requirements; and - the effectiveness of the controls applied by the external provider. Supplier evaluation, selection, monitoring and re-evaluation must be carried out using appropriate criteria. Documented information concerning these activities must be retained where required. --- **8.5 Production and service provision** Production and service provision must be carried out under controlled conditions. Controls can include: - documented information specifying characteristics of products or services; - availability of suitable monitoring and measuring resources; - appropriate inspection and measurement; - suitable infrastructure; - competent personnel; - validation of processes where subsequent verification is not possible; - controls preventing human error; and - appropriate release, delivery and post-delivery activities. **Identification and traceability** Where necessary, outputs must be identified using suitable means. Where traceability is a requirement, the organisation must control and retain the information necessary to maintain traceability. **Property belonging to customers or external providers** Customer or external-provider property must be identified, verified, protected and safeguarded while under the organisation’s control. If such property is lost, damaged or otherwise found unsuitable, the organisation must report this to the owner and retain documented information where appropriate. **Preservation** The organisation must preserve outputs during production and service provision to the extent necessary to ensure conformity. Preservation can include: - identification; - handling; - contamination control; - packaging; - storage; - transmission or transportation; and - protection. **Post-delivery activities** Where applicable, the organisation must meet requirements for post-delivery activities. These may include: - warranty arrangements; - maintenance; - technical support; - contractual obligations; and - regulatory requirements. **Control of changes** Changes to production or service provision must be reviewed and controlled to the extent necessary to ensure continuing conformity. --- **8.6 Release of products and services** The organisation must implement planned arrangements at appropriate stages to verify that product and service requirements have been met. Products and services must not normally be released until planned arrangements have been satisfactorily completed unless otherwise approved by an appropriate authority or, where applicable, by the customer. Evidence of conformity with acceptance criteria must be retained. The organisation must also retain information identifying the person or persons authorising release. --- **8.7 Control of nonconforming outputs** The organisation must ensure that outputs that do not conform to requirements are identified and controlled to prevent unintended use or delivery. Depending on circumstances, actions can include: - correction; - segregation; - containment; - return; - suspension of delivery; - informing the customer; or - obtaining authorisation for acceptance under concession. Documented information must be retained concerning the nonconformity, actions taken, concessions obtained and the authority deciding the action. --- **Clause 9 – Performance evaluation** Clause 9 requires the organisation to determine whether its QMS is actually performing effectively. It contains: - 9.1 Monitoring, measurement, analysis and evaluation - 9.2 [Internal Audit](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/internal-audit/) - 9.3 [Management Review](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/management-review/) **9.1 Monitoring, measurement, analysis and evaluation** The organisation must determine: - what needs to be monitored and measured; - the methods to be used; - when monitoring and measurement will occur; and - when results will be analysed and evaluated. Performance indicators should be meaningful to the organisation and relevant to the effectiveness of its processes. Examples include: - customer complaints; - delivery performance; - defect rates; - rework; - supplier performance; - process efficiency; - customer satisfaction; and - achievement of quality objectives. **9.1.2 Customer satisfaction** The organisation must monitor customers’ perceptions of the degree to which their needs and expectations have been fulfilled. Methods can include: - customer surveys; - feedback; - complaints; - repeat business; - warranty claims; - customer meetings; and - customer performance reviews. There is no single prescribed method for measuring customer satisfaction. **9.1.3 Analysis and evaluation** The organisation must analyse and evaluate appropriate data arising from monitoring and measurement. This should provide information about matters including: - conformity of products and services; - customer satisfaction; - QMS performance; - effectiveness of planning; - effectiveness of actions addressing risks and opportunities; - supplier performance; and - opportunities for improvement. --- **9.2 [Internal Audit](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/internal-audit/)** Internal audits are a fundamental element of an effective QMS. The organisation must conduct internal audits at planned intervals to determine whether the QMS: - conforms to the organisation’s own requirements; - conforms to [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) requirements; and - is effectively implemented and maintained. An audit programme must be planned, implemented and maintained. The organisation should consider: - process importance; - changes affecting the organisation; - previous audit results; and - other relevant factors. Auditors should be selected to ensure objectivity and impartiality. Auditors should not normally audit their own work. Audit results must be reported to relevant management and appropriate correction and corrective action must be taken without undue delay where non-conformities are identified. Documented information must be retained as evidence of implementation of the audit programme and audit results. --- **9.3 [Management Review](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/management-review/)** Top management must review the QMS at planned intervals. The purpose is to ensure its continuing: - suitability; - adequacy; - effectiveness; and - alignment with the organisation’s strategic direction. [Management Review](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/management-review/) inputs include matters such as: - actions from previous reviews; - changes in internal and external issues; - customer satisfaction; - achievement of quality objectives; - process performance; - conformity of products and services; - non-conformities and corrective actions; - monitoring and measurement results; - audit results; - supplier performance; - resource adequacy; - effectiveness of actions addressing risks and opportunities; and - opportunities for improvement. [Management Review](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/management-review/) outputs should include decisions and actions relating to opportunities for improvement and any need for changes to the QMS or resources. [Management Review](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/management-review/) therefore provides an important link between operational quality performance and senior management decision-making. --- **Clause 10 – Improvement** Clause 10 addresses: - 10.1 General - 10.2 Nonconformity and corrective action - 10.3 Continual improvement **10.1 General** The organisation must determine and select opportunities for improvement and implement actions necessary to meet customer requirements and enhance customer satisfaction. Improvement can include: - improving products and services; - correcting, reducing or preventing undesirable effects; - improving QMS performance; and - improving processes. Improvement does not necessarily mean major technological or organisational change. Small, incremental improvements can also contribute significantly to QMS effectiveness. --- **10.2 Nonconformity and corrective action** When a nonconformity occurs, the organisation must react appropriately. This includes: 1. taking action to control and correct the nonconformity; 2. dealing with its consequences where applicable; 3. evaluating the need for action to eliminate the cause; 4. implementing necessary action; 5. reviewing the effectiveness of corrective action; 6. updating risks and opportunities where necessary; and 7. making changes to the QMS where necessary. The organisation must retain documented information concerning the nature of non-conformities, actions taken and the results of corrective action. **Correction versus corrective action** The distinction is important. **Correction** deals with the immediate problem. **Corrective action** addresses the cause of the problem to prevent recurrence. For example, if an incorrectly manufactured component is discovered, replacing the component is a correction. Investigating why the incorrect component was manufactured and introducing changes to the relevant process to prevent recurrence constitutes corrective action. An effective corrective-action process therefore goes beyond simply fixing the immediate failure. --- **10.3 Continual improvement** The organisation must continually improve the suitability, adequacy and effectiveness of its QMS. Information obtained from: - audits; - customer feedback; - complaints; - process monitoring; - quality objectives; - management reviews; - non-conformities; - corrective actions; - risk assessments; and - changes within the organisation can all provide opportunities for improvement. The objective is to establish a cycle in which the organisation learns from its experience and uses that information to improve future performance. --- **The seven quality management principles** The requirements of [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) are underpinned by seven quality management principles: 1. **Customer focus** 2. **Leadership** 3. **Engagement of people** 4. **Process approach** 5. **Improvement** 6. **Evidence-based decision making** 7. **Relationship management** These principles help explain the philosophy behind the individual requirements. For example, customer focus is reflected in requirements concerning customer requirements and satisfaction, while evidence-based decision making is reflected in monitoring, measurement, analysis and evaluation. --- **The process approach and PDCA** [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) promotes a process-based approach to managing an organisation. A process transforms inputs into outputs using resources and controls. For example: **Customer enquiry → Contract review → Planning → Purchasing → Production/service → Inspection → Delivery → Customer feedback** The processes interact with one another. A failure in one process can therefore affect subsequent processes. The PDCA model provides a useful way of understanding this: **Plan** Determine objectives, requirements, resources, processes and controls. **Do** Implement the planned processes. **Check** Monitor, measure, audit and evaluate performance. **Act** Take corrective action and identify opportunities for improvement. The cycle then begins again. --- **Risk-based thinking** Risk-based thinking is embedded throughout [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/):2015. The organisation should consider what could prevent processes from achieving their intended results and what opportunities could improve performance. Risk controls should be proportionate to the potential effect on conformity and customer satisfaction. For example, a business dependent upon a single supplier for a critical component might identify supplier failure as a significant risk. Possible controls could include: - supplier monitoring; - alternative suppliers; - minimum stock levels; - contractual controls; - incoming inspection; or - contingency arrangements. [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) does not require a particular risk matrix or risk register. What matters is that relevant risks and opportunities are considered and appropriately addressed. --- **[ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) certification** Implementation of [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) and certification to [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) are different things. An organisation can establish a QMS based on [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) without becoming certified. Where certification is sought, an independent certification body assesses the organisation’s QMS against the requirements of [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/). Certification normally involves an initial assessment followed by ongoing surveillance and periodic reassessment. Certification does not mean that every individual product or service has been certified as being of a particular quality. Rather, it provides independent assessment that the organisation’s management system conforms to the requirements of the standard within the defined scope. ISO itself does not certify organisations. --- **[ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) is not simply a documentation exercise** A common misconception is that [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) is primarily about producing procedures and maintaining records. Documentation is certainly an element of the standard, but documentation is a means of supporting the management system rather than its purpose. An organisation could have hundreds of procedures and forms and still have an ineffective QMS. Conversely, a smaller organisation may operate an effective [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/)-compliant system using relatively limited documentation because its processes are straightforward and its personnel are competent. The fundamental question is whether the organisation’s processes are: - appropriately defined; - implemented; - controlled; - monitored; - evaluated; and - improved. --- **Relationship between [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) and other management systems** [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) can be integrated with other management-system standards. For example, an organisation may operate: - an [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) quality management system; - an [ISO 14001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-14001/) environmental management system; and - an [ISO 45001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-45001/) [Occupational Health](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/occupational-health/) and safety management system. These standards use a broadly compatible high-level structure, making integration possible. There are obvious areas of overlap, including: - organisational context; - interested parties; - leadership; - objectives; - competence; - documented information; - [Internal Audit](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/internal-audit/); - [Management Review](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/management-review/); - nonconformity; - corrective action; and - continual improvement. An organisation can therefore develop an integrated management system rather than operating completely separate systems for quality, environmental and [Occupational Health](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/occupational-health/) and safety matters. --- **What does a good QMS achieve?** A well-designed and effectively implemented QMS should provide management with confidence that the organisation’s key processes are understood and controlled. It should help answer questions such as: - What does the customer require? - What statutory and regulatory requirements apply? - Which processes are necessary to deliver the required result? - Who is responsible for each process? - What resources and competence are required? - What could prevent the process from achieving its intended result? - How is performance measured? - How are suppliers controlled? - What happens when something goes wrong? - How are corrective actions managed? - How does management know whether the system is effective? - How does the organisation identify and implement improvements? These questions demonstrate why a QMS should be regarded as a **management system**, rather than simply a quality-control function. --- **Conclusion** A quality management system provides an organisation with a systematic framework for managing the processes that influence the quality of its products and services. [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/):2015 provides an internationally recognised set of requirements for establishing such a system. Its requirements cover the organisation’s context, leadership, planning, resources, operational controls, performance evaluation and improvement. The effectiveness of a QMS depends upon how well these requirements are integrated into the organisation’s actual activities. The most effective QMSs are not systems maintained solely for the purpose of passing an external audit. They provide management with useful information about organisational performance, identify risks and opportunities, control important processes, address failures and provide a structured mechanism for continual improvement. [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) certification can provide independent assurance that a defined management system conforms to the standard. However, the underlying objective of quality management is broader: **to establish processes that enable an organisation to consistently achieve intended results, satisfy applicable requirements and continually improve its performance.** **Docs Tags:** ISO 9001 **Glossaries Terms:** Quality Assurance, Quality Control --- ### [Asbestos training](https://ashbrookeconsultants.co.uk/docs/asbestos-training/) **Published:** August 27, 2022 **Author:** Administrator **Content:** ## What type of information, instruction and training is necessary for asbestos? Workers and supervisors must be able to recognise asbestos-containing materials (ACMs) and know what to do if they come across them in order to protect themselves and others. There are three main levels of information, instruction and training. These relate to: - Asbestos awareness - Non-licensable work with asbestos including NNLW - Licensable work with asbestos. Attending a training course on its own will not make a worker competent. Competence is developed over time by implementing and consolidating skills learnt during training, on-the-job learning, instruction and assessment. It is important that the level of information, instruction and training is appropriate for the work and the roles undertaken by each worker (and supervisor). Using a training needs analysis (TNA) will help to identify what topics should be covered to ensure workers have the right level of competence to avoid putting themselves or others at risk. ## Asbestos awareness Information, instruction and training for asbestos awareness is intended to give workers and supervisors the information they need to **avoid** work that may disturb asbestos during any normal work which could disturb the fabric of a building, or other item which might contain asbestos. It will not prepare workers, or self-employed contractors, to carry out work with asbestos-containing materials. If a worker is planning to carry out work that **will** disturb ACMs, further information, instruction and training will be needed. Examples of those affected are listed below. There will be other occupations where asbestos may be disturbed in addition to those listed.: - General maintenance workers - Electricians - Plumbers - Joiners - Painters and decorators - Plasterers - Construction workers - Roofers - Shop fitters - Gas fitters - Heating and ventilation engineers - Demolition workers - Telecommunication engineers - Fire/burglar alarm installers - Computer and data installers - Architects - Building surveyors Information, instruction and training about asbestos awareness should cover the following: - the properties of asbestos and its effects on health, including the increased risk of developing lung cancer for asbestos workers who smoke - the types, uses and likely occurrence of asbestos and asbestos materials in buildings and plant - the general procedures to deal with an emergency, eg an uncontrolled release of asbestos dust into the workplace - how to avoid the risk of exposure to asbestos Online learning (often referred to as e–learning) is increasingly used as a method of providing asbestos awareness training. [HSE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/hse/) recognises the use of e-learning as a viable delivery method, among others, for asbestos awareness training, provided it satisfies the requirements of Regulation 10 of the Control of Asbestos Regulations 2012 and the supporting [Approved Code of Practice L143 ‘Managing and working with asbestos’](https://www.hse.gov.uk/pubns/books/l143.htm). Workers who plan to carry out work that **will** disturb asbestos require a higher level of information, instruction and training, in addition to asbestos awareness. This should take account of whether the work is [non-licensed](https://www.hse.gov.uk/asbestos/licensing/non-licensed-work.htm); [notifiable non-licensed work](https://www.hse.gov.uk/asbestos/licensing/notifiable-non-licensed-work.htm) (NNLW); or [licensed work](https://www.hse.gov.uk/asbestos/licensing/licensed-contractor.htm) and should be job specific. ## Non-licensable work, including Notifiable Non-licensed Work (NNLW) Workers who may need this level of information, instruction and training include those listed under asbestos awareness above and whose work will **require** them to disturb asbestos-containing materials, such as: - drilling holes in asbestos materials (including for sampling and analysis purposes) - laying cables in areas containing undamaged asbestos materials - removing asbestos-containing floor tiles - cleaning or repairing asbestos cement sheet roofing or cladding The information, instruction and training for non-licensable work with asbestos, including NNLW, should cover the following: - how to make suitable and sufficient assessments about the risk of exposure to asbestos - safe work practices and control measures, including an explanation of the correct use of control measures, protective equipment and work methods - selection and appropriate use of protective equipment - waste handling procedures - emergency procedures - relevant legal requirements - circumstances when non-licensed work may be notifiable (ie NNLW) This is not a complete list. The information, instruction and training should be appropriate to the work being done and should be tailored accordingly. Employers should also make sure that workers doing non-licensable work or NNLW have seen: - a copy of the [Risk Assessment](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/risk-assessment/) for that work - a copy of the plan of work - where applicable, details and results of any air monitoring, including results for similar work In addition, the following information should be given to workers, on request: - maintenance records for control measures - their own personal information from health records - the results of any face-fit test (FFT) for RPE provided for work with asbestos - a copy of the individual’s training record **Important** – This level of information, instruction and training is not sufficient for licensable work with asbestos. ## Licensable work with asbestos Most work with higher risk asbestos-containing materials must be carried out by licensed contractors. Only competent workers and managers, provided with suitable information instruction and training and using appropriate respiratory and other protective equipment, may undertake licensed asbestos work. Further information on providing information instruction and training for licensable work can be found in [The licensed contractors’ guide](https://www.hse.gov.uk/pubns/books/hsg247.htm) HSG 247 and the [Approved Code of Practice L143 Managing and working with asbestos](https://www.hse.gov.uk/pubns/books/l143.htm). Employers should also make the following information available to workers doing licensable work with asbestos: For the specific work being done: - a copy of the [Risk Assessment](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/risk-assessment/) for that work - a copy of the plan of work - details of any air monitoring and results - details of notification of work made to the enforcing authority General information - maintenance records for control measures - the individual’s own personal information from health records - the results of any face-fit test for RPE provided for work with asbestos - a copy of the licence - any anonymised collective information from the health records ## Refreshing information, instruction and training on asbestos awareness Information instruction and training on asbestos awareness is merely intended to help workers **avoid** carrying out work that will disturb asbestos. There is no legal requirement to repeat an entire formal awareness refresher training course every 12 months. However some form of refresher should be given, as necessary, to help ensure knowledge of asbestos awareness is maintained. Refresher awareness could be given as e-learning or as part of other health and safety updates, rather than through a formal training course. For example, an employer, manager or supervisor who has attended an awareness course and who is competent to do so, could deliver an update or safety talk to employees in house. A realistic, commonsense approach to refreshing knowledge and skills, based on judgement of individual abilities and training needs is all that is usually required. There is no need for employees who have received training for licensable or non-licensable work to do the lower level awareness refresher training. ## Refreshing information, instruction and training for licensable and non-licensable work including Notifiable Non-licensed Work (NNLW) Refreshing information instruction and training for licensable and non-licensable work should be appropriate to the work each worker is doing and be based on training needs analysis (TNA) that will help to decide what is needed. For example, for those found to have extensive training needs, this may involve classroom teaching or practical training. For others, information instruction and training could be given as part of other health and safety updates or, for example, as part of a [Toolbox Talk](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/toolbox-talk/) or e-learning to refresh experienced workers on the main principles and expectations. Refresher information, instruction and training for licensable and non-licensable work should be provided every year, or more frequently if: - work methods change - the type of equipment used to control exposure changes - the type of work carried out changes significantly - gaps in competency are identified It should include reviewing where things have gone wrong and sharing good practice. Where training needs analysis indicates, there should be an appropriate element of practical training, particularly covering decontamination procedures, use of RPE, FFT and controlled removal techniques. ## Certificates of training There is no legal requirement for employees to hold a certificate of training before they can work with asbestos. Many training providers issue trainees with certificates. A certificate is not proof of competency to do the job, but where issued, a certificate shows the individual has had training and may be kept as part of an individuals training record. Where training certificates are provided they sometimes have an expiry date (eg after a year). Expiry does not always mean that ‘full’ retraining is mandatory, as a result. ## Record keeping – licensable and non-licensable work with asbestos A record of the information, instruction and training received by each individual should be kept to: - help employers carry out ongoing training needs analysis - support individual workers in demonstrating their knowledge, skills and experience when they move from one employer to another - where applicable, comply with the licensing process ## Information, instruction and training for safety representatives The information, instruction and training provided to safety representatives and elected representatives of employees needs to be appropriate to their role. Employers should consult safety representatives and elected representatives of employee safety in good time about the information, instruction and training they intend to provide. Where the results of air monitoring show that the relevant control limit has been unexpectedly exceeded, employers should tell employees, safety representatives and elected representatives of employee health and safety about this as quickly as possible and give details of the reasons for what happened and the remedial action taken or proposed. ## Information and instruction for non-employees Employers who are working on asbestos in premises have a duty to make sure that, adequate information and instruction is given to those who are not employed by them but who are present in the premises and could be affected by the work. This should include details of: - the location(s) where work is taking place, so people can avoid them - possible risks from rearranging thoroughfares and fire exits as a result of the work being done - any other information to help people avoid risks from the disturbance of asbestos-containing materials caused by the work being done ## Self employed workers Self employed workers should make sure that they have the right level of information, instruction and training to protect themselves and make sure that others are not put at risk from their work activities. ## Selecting a competent trainer Important – Competent providers of information, instruction and training should have adequate practical experience in the asbestos sector and a theoretical knowledge of all relevant aspects of the work being carried out by the employee. It is the responsibility of the employer to determine whether a training provider is suitable or not. **Docs Tags:** Asbestos --- ### [What Are the Main Food Safety Laws in the UK?](https://ashbrookeconsultants.co.uk/docs/what-are-the-main-food-safety-laws-in-the-uk/) **Published:** September 13, 2026 **Author:** Administrator **Content:** If you run a food business in the UK, you’re operating under a framework of interlocking laws and regulations designed to protect public health, ensure honest labelling, and keep food safe from farm to fork. This article summarises the core pieces of legislation every food business operator should understand. **Food Safety Act 1990** This is the foundation of UK food law and provides the legal framework for all food legislation in England, Wales and Scotland. It makes it an offence to render food injurious to health, to sell food that is not of the nature, substance or quality demanded by the purchaser, or to sell food that is falsely or misleadingly described or presented. The Act gives local authorities and the Food Standards Agency the power to inspect premises, seize unsafe food, and prosecute businesses that breach these requirements. **Regulation (EC) No. 178/2002 — General Food Law** Often referred to simply as “General Food Law,” this regulation sets out the overarching principles that underpin food safety across the UK. It requires food business operators to ensure that food and feed placed on the market is safe, establishes the “polluter pays” principle of traceability (you must know your immediate suppliers and immediate customers), and requires businesses to withdraw or recall unsafe food from the market. Although originally an EU regulation, it was retained in UK law after Brexit and now applies as assimilated law. **Regulation (EC) No. 852/2004 on the Hygiene of Foodstuffs** This regulation places the primary legal responsibility for food safety on the food business operator, rather than on enforcement authorities. It requires businesses to identify hazards, implement controls based on HACCP (Hazard Analysis and Critical Control Point) principles, and maintain appropriate hygiene standards throughout production, processing and distribution. Like the General Food Law regulation, it now applies in Great Britain as assimilated law. **Food Safety and Hygiene (England) Regulations 2013 (and equivalents in Scotland, Wales and Northern Ireland)** These national regulations implement and enforce the EU/assimilated hygiene regulations at a domestic level, giving local authorities the practical powers to inspect, issue improvement notices, and prosecute non-compliant businesses. Scotland, Wales and Northern Ireland each have their own equivalent regulations (for example, the Food Hygiene (Scotland) Regulations 2006), so businesses operating across the UK need to be aware of minor regional variations. ![Food safety laws in the UK](https://ashbrookeconsultants.co.uk/wp-content/uploads/2026/09/pexels-harry-tucker-1863749148-28603409-1024x683.jpg)**Food Information Regulations 2014 (implementing “Food Information for Consumers” requirements)** This legislation governs food labelling, requiring accurate ingredient lists, allergen information, nutritional information and clear country-of-origin labelling where relevant. It sets out the 14 legally recognised allergens that must be declared, and dictates how that information must be presented to consumers, both on pre-packed food and for food sold loose or in catering settings. **Natasha’s Law — Food Information (Amendment) (England) Regulations 2019** Introduced following the death of Natasha Ednan-Laperouse, this amendment requires full ingredient and allergen labelling on food that is “prepacked for direct sale” (PPDS) — food made and packed on the same premises before a customer orders it, such as sandwiches made in-store. It closed a significant gap in the previous labelling rules and has had a major impact on cafes, delis, bakeries and similar businesses. **Food Standards Act 1999** This Act established the Food Standards Agency (FSA) as the independent body responsible for protecting public health in relation to food across the UK. The FSA sets policy, provides guidance, coordinates enforcement standards across local authorities, and carries out food safety research and [Risk Assessment](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/risk-assessment/) work. **Food Safety (Sampling and Qualifications) Regulations 2013** These regulations set out the procedures authorised officers must follow when taking food samples for analysis or examination, and specify the qualifications required for the analysts and examiners who assess them. They matter to businesses because they govern how enforcement sampling must be carried out to be legally valid. **Docs Tags:** Food Safety --- ### [Environmental protection in the UK: Regulators and Key Legislation](https://ashbrookeconsultants.co.uk/docs/environmental-protection-in-the-uk-regulators-and-key-legislation/) **Published:** August 30, 2026 **Author:** Administrator **Excerpt:** The United Kingdom's environmental protection framework is built on a network of national regulators, devolved bodies, and a substantial body of legislation that has evolved since the 1990s — most recently reshaped by the UK's departure from the EU and the Environment Act 2021. This article sets out who regulates what, and the main laws that underpin environmental protection across England, Scotland, Wales, and Northern Ireland. **Content:** The United Kingdom’s environmental protection framework is built on a network of national regulators, devolved bodies, and a substantial body of legislation that has evolved since the 1990s — most recently reshaped by the UK’s departure from the EU and the Environment Act 2021. This article sets out who regulates what, and the main laws that underpin environmental protection across England, Scotland, Wales, and Northern Ireland. ## How UK environmental regulation is structured [Environmental Policy](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/environmental-policy/) is a devolved matter, so England, Scotland, Wales, and Northern Ireland each have their own regulatory bodies, even though many of the founding laws (particularly older ones passed before devolution) still apply UK-wide or were later mirrored in each nation’s own legislation. Oversight of government performance on the environment now sits with an independent watchdog created after Brexit, replacing functions previously carried out by EU institutions. ## The main regulatory organisations ### Department for Environment, Food & Rural Affairs (Defra) Defra is the UK government department responsible for [Environmental Policy](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/environmental-policy/) in England (and for UK-wide and international matters such as chemicals regulation and some elements of climate policy). It sets the policy and regulatory framework that its delivery bodies — chiefly the Environment Agency and Natural England — are responsible for implementing and enforcing on the ground. ### Environment Agency (EA) Established in 1996 and sponsored by Defra, the EA is England’s principal environmental regulator. Its remit includes: - Regulating major industrial installations and waste operations - Managing water quality, water resources, and flood risk - Overseeing contaminated land remediation - Fisheries and inland waterway management - Issuing environmental permits and enforcing compliance through inspections ### Natural England Natural England is Defra’s other major regulator, focused on nature and biodiversity. It advises on, consents to, and assents proposed activities affecting protected sites (such as Sites of Special Scientific Interest), and works alongside the EA on land and habitat management. The two bodies have distinct remits and working cultures, and government has confirmed it does not intend to merge them, although regulation of the water sector is being consolidated into a single body. ### Local authorities Local councils carry out a significant share of day-to-day environmental regulation, particularly for smaller industrial and commercial premises. Through Local Authority Pollution Control (LAPC), councils issue permits to installations such as dry cleaners, crematoria, smaller boilers, and foundries, and are responsible for local air quality management and statutory nuisance enforcement. ### Office for Environmental Protection (OEP) Created under the Environment Act 2021 and operational since November 2021, the OEP is an independent, non-departmental public body that scrutinises government and public authorities’ compliance with environmental law in England and Northern Ireland. It replaces the oversight and enforcement role previously played by the European Commission and Court of Justice of the EU. The OEP can investigate suspected breaches of environmental law, issue formal notices to public authorities, and where necessary bring legal proceedings. It has, for example, formally found that Defra and the Environment Agency breached legal obligations to protect water quality under the Water Framework Directive regulations. ### Devolved regulators - **Natural Resources Wales (NRW)** — combines environmental regulation, natural resource management, and land management functions for Wales in a single body. - **Scottish Environment Protection Agency (SEPA)** — Scotland’s principal environmental regulator, covering pollution control, waste, and water. - **Environmental Standards Scotland (ESS)** — Scotland’s equivalent oversight body to the OEP, scrutinising public bodies’ compliance with environmental law. - **Northern Ireland Environment Agency (NIEA)** — sits within the Department of Agriculture, Environment and Rural Affairs (DAERA) and regulates environmental protection in Northern Ireland; DAERA also co-sponsors the OEP for Northern Ireland matters. ## Key pieces of legislation ### Environmental Protection Act 1990 The foundational statute for modern UK environmental law. It introduced the framework for waste management ([Duty of Care](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/duty-of-care/) for waste producers), statutory nuisance controls, and integrated pollution control for major industrial processes — the precursor to today’s environmental permitting regime. ### Environment Act 1995 Established the Environment Agency (for England and Wales) and the Scottish Environment Protection Agency, consolidating pollution control, water management, and waste regulation functions that had previously been split across several bodies. ### Wildlife and Countryside Act 1981 The principal legislation protecting wild plants, animals, and habitats in Great Britain, including the designation of Sites of Special Scientific Interest (SSSIs) and protections for specific species. ### Water Resources Act 1991 and Water Industry Act 1991 Govern water resource management, water quality, and the regulation of water and sewerage companies, later supplemented by the Water Framework Directive regulations (retained in UK law post-Brexit), which set targets for the ecological and chemical status of water bodies. ### Climate Change Act 2008 World-first legislation committing the UK to legally binding greenhouse gas emissions targets, originally an 80% cut by 2050 against 1990 levels, later amended to a [Net Zero](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/net-zero/) target. It established the independent Climate Change Committee to advise government and monitor progress through five-yearly carbon budgets. ### Conservation of Habitats and Species Regulations 2017 Transpose the requirements of the EU Habitats and Birds Directives into domestic law, providing protection for European-designated sites and species — these obligations continue to apply as retained EU law. ### Environment Act 2021 The most significant environmental legislation since Brexit. It: - Created the Office for Environmental Protection - Introduced legally binding, long-term environmental targets covering air quality, water, biodiversity, resource efficiency, and waste - Established a framework for Biodiversity Net Gain, requiring most new developments to deliver a measurable increase in biodiversity - Set out extended producer responsibility and resource efficiency provisions for waste and packaging - Requires government to publish and regularly review an Environmental Improvement Plan (EIP) ### Water (Special Measures) Act 2025 Strengthens regulatory powers over water companies in response to sustained public and political pressure over sewage pollution. It introduces mandatory Pollution Incident Reduction Plans (PIRPs), which water companies must publish annually, with criminal offences for missed deadlines, and from 2027 will require companies to publish annual Implementation Reports tracking progress on reducing pollution incidents. ### Clean Air Act 1993 and Environment Act 1995 (Part IV) Provide the legal basis for controlling smoke, dust, and emissions from domestic and industrial sources, and for local authority air quality management, including the designation of Air Quality Management Areas where national objectives are not being met. ## The current picture UK environmental regulation is in a period of active reform. The Environment Act 2021 target regime and the OEP’s ongoing scrutiny work are pushing government departments and regulators to demonstrate measurable progress rather than policy intent, and recent OEP findings on water quality compliance illustrate that the watchdog is willing to hold even Defra and the Environment Agency itself to account. At the same time, government has acknowledged gaps in its regulators’ data and IT capability, and a more strategic approach to environmental regulation — including new strategic policy statements for the EA and Natural England published in March 2026 — is intended to give clearer direction on priorities and enforcement expectations going forward. For businesses, landowners, and the public, the practical effect is a layered system: national policy and target-setting from Defra and the devolved administrations, operational permitting and enforcement from the Environment Agency, Natural England, and their devolved counterparts, and independent scrutiny of the whole system from the OEP and Environmental Standards Scotland. **Docs Tags:** Audit, Risk --- ### [Process of Implementing ISO 9001](https://ashbrookeconsultants.co.uk/docs/process-of-implementing-iso-9001/) **Published:** July 3, 2024 **Author:** Administrator **Excerpt:** ISO 9001 is the International Standard for Quality Management Systems, first published in 1987 by the International Organisation for Standardisation (ISO), it is one of the most commonly used management tools across the world. The current version of ISO 9001 is ISO 9001:2015 as this was revised to include more about customer satisfaction. **Content:** ## What is [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) is the International Standard for Quality Management Systems, first published in 1987 by the International Organisation for Standardisation (ISO), it is one of the most commonly used management tools across the world. The current version of [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) is [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/):2015 as this was revised to include more about customer satisfaction. It is designed to help organisations ensure that they meet the needs of customers and other stakeholders, by having a framework in place that helps ensure consistent quality in the provision of goods and/or services through a quality management standard. This standard uses a process approach and is based on 7 quality management principles, which include having a strong customer focus, the involvement of top management, and a drive for continual improvement. Our [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) consultants will create a bespoke plan for your business. ![ISO 9001](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/pexels-burst-544965-1024x683.jpg)## What are the benefits of [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) Client satisfaction By focusing on your customers’ experience, [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) will better equip your business to meet their needs, improving the customer focus throughout the company. The impact of this can fundamentally change your business and increase your profits through referrals. Reduced operating costs [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) streamlines your internal processes. This improved efficiency contains costs and saves you money, whilst also improving accountability and traceability, allowing you to tackle problems better and quicker. Improved efficiency Do you find you lose time to inefficient processes and poor communication between teams? Efficiency also improves staff motivation. With greater clarity and focus on business objectives, time and resources are spent on what really matters to the business. Competitive advantages Better internal processes and customer service ultimately improve your market competitiveness, leading to higher profit potential. Open new markets Having poor customer retention or missing important deadlines can be detrimental to your operation, but [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) is an internationally recognised mark of quality. Becoming accredited can open your business up to larger clients, both at home and overseas. Continual improvement Perhaps the most crucial element of the standard is that it is not a one-off exercise. Regular reviews keep quality at the forefront of the business, and that quality will keep your business improving. ## How long does it take to get [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) certification? The time it takes to design your quality management system and implement it will depend upon your resources both internally and, if you engage a consultant, externally. The size and complexity of your business will also determine the time it will take to get [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) certification. As a guide, we advise clients to use a 4-month to 6-month timescale to design the system, implement it and get external certification. However, this can be reduced if you have the resources available. Our consultant will work with you to determine the best timescale for the project that meets your needs. ## Steps to achieving certification 1. Set up project The first step is to plan the project, allocate resources and identify key personnel who will be involved. Establishing goals for the business or objectives is a key element of the standard and will be considered at this stage. A [Gap analysis](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/gap-analysis/) will be undertaken by our consultant to identify what elements of the [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) standard are not currently in place in your company. - Document management [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/):2015 standard lays stress on documentation capturing procedures, forms and work instructions. Documentation is important to maintain business continuity, affecting operations, efficiency and profitability, and is required during audits. It should describe workflows and processes lucidly – enabling readers to understand it well. - Implement Quality Management System Implementation of [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) quality management system across the business should align with your documentation. It must clearly list out new requirements, if any, that came up during the [Gap analysis](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/gap-analysis/). Communicating and training the new requirements to the employees to help them understand the new way of working as well as its benefits is essential for its successful implementation. - Evaluate On completing the implementation of [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) processes, evaluate the conformance to [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) internally. Trained employees or our consultant can do the audit, which is not a one-time affair but should be conducted periodically. The key to conducting internal audits efficiently is an automated workflow. Automation will enable a range of processes – document management, audit management, corrective actions, incident reporting, compliant management, among others. The key point to note here is that getting an ISO certification is only the first step. It needs [Continuous Improvement](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/continuous-improvement/) and monitoring. It needs a company-wide buy-in from stakeholders across the lifecycle of a business. - Certification Once you are sure that [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/):2015 has been implemented as per the documentation you will need an independent, third-party [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) audit to achieve the certification. The ideal time is two months after the implementation process so that you have records proving your [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) compliance. The external certification body will normally undertake two visits before approving certification. - [Continuous Improvement](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/continuous-improvement/) When you obtain the [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) certification, you have just begun the journey as it is not a one-time event. It is essential to continue to be vigilant since a surveillance site audit will be conducted once or twice a year in order to ensure your continued compliance and improvement. You will have to be recertified every three years to remain certified. ## How long does certification last? Most certifications are valid for three years, but your certification body will normally undertake an audit of your system each year. Regardless of how long your [ISO 9001](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/iso-9001/) certification is valid, your organisation will need to demonstrate [Continuous Improvement](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/continuous-improvement/). **Docs Tags:** ISO 9001 --- ### [Electrical Safety at Work](https://ashbrookeconsultants.co.uk/docs/electrical-safety-at-work/) **Published:** July 3, 2024 **Author:** Administrator **Content:** # Electrical Safety hazards The main hazards of working with electricity are: - electric shock and burns from contact with live parts - injury from exposure to arcing, fire from faulty electrical equipment or installations - explosion caused by unsuitable electrical apparatus or static electricity igniting flammable vapours or dusts, for example in a spray paint booth Electric shocks can also lead to other types of injury, for example by causing a fall from ladders or scaffolds etc. # [Risk Assessment](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/risk-assessment/) Employers and other duty holders must ensure a [Risk Assessment](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/risk-assessment/) has been made of any electrical hazards, which covers: - who could be harmed by them - how the level of risk has been established - the precautions taken to control that risk The [Risk Assessment](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/risk-assessment/) should take into consideration the type of electrical equipment used, the way in which it is used and the environment that it is used in. You must make sure that the electrical installation and the electrical equipment is: - suitable for its intended use and the conditions in which it is operated - only used for its intended purpose In wet surroundings, unsuitable equipment can become live and make its surroundings live too. Fuses, circuit-breakers and other devices must be correctly rated for the circuit they protect. Isolators and fuse-box cases should be kept closed and, if possible, locked. Cables, plugs, sockets and fittings must be robust enough and adequately protected for the working environment. Ensure that machinery has an accessible switch or isolator to cut off the power quickly in an emergency. ![Electrical safety](https://ashbrookeconsultants.co.uk/wp-content/uploads/2022/08/pexels-sami-abdullah-7359566.jpg)# Maintenance So far as is reasonably practicable, employers must make sure that electrical equipment and installations are maintained to prevent danger. Users of electrical equipment, including portable appliances, should carry out visual checks. Remove the equipment from use immediately and check it, repair it or replace it if: - the plug or connector is damaged - the cable has been repaired with tape, is not secure, or internal wires are visible etc - burn marks or stains are present (suggesting overheating) Repairs should only be carried out by a [Competent Person](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/competent-person/) (someone who has the necessary skills, knowledge and experience to carry out the work safely). Have more frequent checks for items more likely to become damaged (eg portable electrical tools and equipment that is regularly moved, or used frequently or in arduous environments). Less frequent checks are needed for equipment less likely to become damaged (eg desktop computers etc). Visual checks are not usually necessary for small, battery-powered items, or for equipment that works from a mains-powered adaptor (laptops or cordless phones etc). However, the mains-powered adaptor for such equipment should be visually checked. Consider whether electrical equipment, including portable appliances, should be more formally inspected or tested by a [Competent Person](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/competent-person/). Also think about the intervals at which this should be done. An [HSE](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/hse/) leaflet [Maintaining portable electrical equipment in low-risk environments](https://www.hse.gov.uk/pubns/indg236.htm) can help you decide whether and when to test portable appliances in low-risk environments. Make arrangements for inspecting and testing fixed wiring installations, ie the circuits from the meter and consumer unit supplying light switches, sockets, wired-in equipment (eg cookers, hairdryers) etc, to be carried out regularly so there is little chance of deterioration leading to danger. This work should normally be carried out by a [Competent Person](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/competent-person/), usually an electrician # When is someone competent to do electrical work? In this context, a [Competent Person](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/competent-person/) is someone who has the suitable training, skill and knowledge for the task to be undertaken to prevent injury to themselves and others. A successfully completed electrical apprenticeship, with some post-apprenticeship experience, is one way of demonstrating technical competence for general electrical work. More specialised work, such as maintenance of high-voltage switchgear or control system modification, is almost certainly likely to require additional training and experience. # Key points to remember - Ensure that workers know how to use the electrical equipment safely - Make sure enough sockets are available. Check that socket outlets are not overloaded by using unfused adaptors as this can cause fires - Ensure there are no trailing cables that can cause people to trip or fall - Switch off and unplug appliances before cleaning or adjusting them - Ensure everyone looks for electrical wires, cables or equipment near where they are going to work and check for [signs warning of dangers from electricity](https://www.hse.gov.uk/electricity/nearelectric.htm#signs), or any other hazard. Checks should be made around the job, and remember that electrical cables may be within walls, floors and ceilings (especially when drilling into these locations) etc - Make sure anyone working with electricity has sufficient skills, knowledge and experience to do so. Incorrectly wiring a plug can be dangerous and lead to fatal accidents or fires - Stop using equipment immediately if it appears to be faulty – have it checked by a [Competent Person](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/competent-person/) - Ensure any electrical equipment brought to work by employees, or any hired or borrowed, is suitable for use before using it and remains suitable by being maintained as necessary - Consider using a [residual current device (RCD)](https://www.hse.gov.uk/electricity/electricequip.htm#rcd) between the electrical supply and the equipment, especially when working outdoors, or within a wet or confined place (see [HSE’s electrical safety at work site](https://www.hse.gov.uk/electricity/index.htm)) # Overhead electric lines - Be aware of the dangers of working near or underneath overhead power lines. Electricity can flash over from them, even though machinery or equipment may not touch them - Do not work under them when equipment (eg ladders, a crane jib, a tipper-lorry body or a scaffold pole) could come within a minimum of six metres of a power line without getting advice. Speak to the power line owner, eg the electricity company, railway company or tram operator, before any work begins # Underground cables - Always assume cables will be present when digging in the street, pavement and/or near buildings - Consult local electricity companies and service plans to identify where cables are located # Additional Resources - [Risk Assessment Form](https://ashbrookeconsultants.co.uk/wp-content/uploads/2024/07/Basic-Risk-Assessment-Form.docx) **Docs Tags:** Electricity, Risk --- ### [What is Risk Management?](https://ashbrookeconsultants.co.uk/docs/what-is-risk-management/) **Published:** August 27, 2022 **Author:** Administrator **Content:** Risk management encompasses the identification, analysis, and response to risk factors that form part of the life of a business. Effective risk management means attempting to control, as much as possible, future outcomes by acting proactively rather than reactively. Therefore, effective risk management offers the potential to reduce both the possibility of a risk occurring and its potential impact. ## Risk Management Structures Risk management structures are tailored to do more than just point out existing risks. A good risk management structure should also calculate the uncertainties and predict their influence on a business. Consequently, the result is a choice between accepting risks or rejecting them. Acceptance or rejection of risks is dependent on the [tolerance levels](https://www.rims.org/resources/ERM/Documents/RIMS_Exploring_Risk_Appetite_Risk_Tolerance_0412.pdf) that a business has already defined for itself. If a business sets up risk management as a disciplined and continuous process for the purpose of identifying and resolving risks, then the risk management structures can be used to support other risk mitigation systems. They include planning, organization, cost control, and [budgeting](https://corporatefinanceinstitute.com/resources/knowledge/finance/budgeting/). In such a case, the business will not usually experience many surprises, because the focus is on proactive risk management. ## Response to Risks Response to risks usually takes one of the following forms: - **Avoidance**: A business strives to eliminate a particular risk by getting rid of its cause. - **Mitigation**: Decreasing the [projected financial value](https://corporatefinanceinstitute.com/resources/knowledge/modeling/types-of-financial-models/) associated with a risk by lowering the possibility of the occurrence of the risk. - **Acceptance**: In some cases, a business may be forced to accept a risk. This option is possible if a business entity develops contingencies to mitigate the impact of the risk, should it occur. When creating contingencies, a business needs to engage in a problem-solving approach. The result is a well-detailed plan that can be executed as soon as the need arises. Such a plan will enable a [business organization](https://corporatefinanceinstitute.com/resources/knowledge/other/types-of-organizations/) to handle barriers or blockage to its success because it can deal with risks as soon as they arise. ## Importance of Risk Management Risk management is an important process because it empowers a business with the necessary tools so that it can adequately identify and deal with potential risks. Once a risk has been identified, it is then easy to mitigate it. In addition, risk management provides a business with a basis upon which it can undertake sound decision-making. For a business, assessment and management of risks is the best way to prepare for eventualities that may come in the way of progress and growth. When a business evaluates its plan for handling potential threats and then develops structures to address them, it improves its odds of becoming a successful entity. In addition, progressive risk management ensures risks of a high priority are dealt with as aggressively as possible. Moreover, the management will have the necessary information that they can use to make informed decisions and ensure that the business remains profitable. ## Risk Analysis Process Risk analysis is a qualitative problem-solving approach that uses various tools of assessment to work out and rank risks for the purpose of assessing and resolving them. Here is the risk analysis process: #### 1. Identify existing risks Risk identification mainly involves brainstorming. A business gathers its employees together so that they can review all the various sources of risk. The next step is to arrange all the identified risks in order of priority. Because it is not possible to mitigate all existing risks, prioritization ensures that those risks that can affect a business significantly are dealt with more urgently. #### 2. Assess the risks In many cases, problem resolution involves identifying the problem and then finding an appropriate solution. However, prior to figuring out how best to handle risks, a business should locate the cause of the risks by asking the question, “What caused such a risk and how could it influence the business?” #### 3. Develop an appropriate response Once a business entity is set on assessing likely remedies to mitigate identified risks and prevent their recurrence, it needs to ask the following questions: What measures can be taken to prevent the identified risk from recurring? In addition, what is the best thing to do if it does recur? #### 4. Develop preventive mechanisms for identified risks Here, the ideas that were found to be useful in mitigating risks are developed into a number of tasks and then into contingency plans that can be deployed in the future. If risks occur, the plans can be put to action. ## Summary Our business ventures encounter many risks that can affect their survival and growth. As a result, it is important to understand the basic principles of risk management and how they can be used to help mitigate the effects of risks on business entities. **Docs Tags:** Risk --- ## Tags ### [agriculture](https://ashbrookeconsultants.co.uk/tag/agriculture/) --- ### [Food safety](https://ashbrookeconsultants.co.uk/tag/food-safety/) --- ### [Schools](https://ashbrookeconsultants.co.uk/tag/schools/) --- ### [Food and Drink](https://ashbrookeconsultants.co.uk/tag/food-and-drink/) --- ### [EU](https://ashbrookeconsultants.co.uk/tag/eu/) --- ### [Trade](https://ashbrookeconsultants.co.uk/tag/trade/) --- ### [Health and Safety](https://ashbrookeconsultants.co.uk/tag/health-and-safety/) --- ### [Construction](https://ashbrookeconsultants.co.uk/tag/construction/) --- ### [Fire Safety](https://ashbrookeconsultants.co.uk/tag/fire-safety/) --- ### [directors](https://ashbrookeconsultants.co.uk/tag/directors/) --- ### [boardroom](https://ashbrookeconsultants.co.uk/tag/boardroom/) --- 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height](https://ashbrookeconsultants.co.uk/tag/working-at-height/) --- ### [fall](https://ashbrookeconsultants.co.uk/tag/fall/) --- ### [angling](https://ashbrookeconsultants.co.uk/tag/angling/) --- ### [fishing](https://ashbrookeconsultants.co.uk/tag/fishing/) --- ### [fish](https://ashbrookeconsultants.co.uk/tag/fish/) --- ### [river](https://ashbrookeconsultants.co.uk/tag/river/) --- ### [HSE](https://ashbrookeconsultants.co.uk/tag/hse/) --- ### [prosecutions](https://ashbrookeconsultants.co.uk/tag/prosecutions/) --- ### [asbestos](https://ashbrookeconsultants.co.uk/tag/asbestos/) --- ### [building](https://ashbrookeconsultants.co.uk/tag/building/) --- ### [pollution](https://ashbrookeconsultants.co.uk/tag/pollution/) --- ### [falls](https://ashbrookeconsultants.co.uk/tag/falls/) --- ### [work equipment](https://ashbrookeconsultants.co.uk/tag/work-equipment/) --- ### [water quality](https://ashbrookeconsultants.co.uk/tag/water-quality/) --- ### 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### [farming](https://ashbrookeconsultants.co.uk/tag/farming/) --- ### [radiation](https://ashbrookeconsultants.co.uk/tag/radiation/) --- ### [insurance](https://ashbrookeconsultants.co.uk/tag/insurance/) --- ### [Food Standards Agency](https://ashbrookeconsultants.co.uk/tag/food-standards-agency/) --- ### [FSA](https://ashbrookeconsultants.co.uk/tag/fsa/) --- ### [Consultation](https://ashbrookeconsultants.co.uk/tag/consultation/) --- ### [Food](https://ashbrookeconsultants.co.uk/tag/food/) --- ### [Code of Practice](https://ashbrookeconsultants.co.uk/tag/code-of-practice/) --- ### [allergies](https://ashbrookeconsultants.co.uk/tag/allergies/) --- ### [ISO45001](https://ashbrookeconsultants.co.uk/tag/iso45001/) --- ### [COSHH](https://ashbrookeconsultants.co.uk/tag/coshh/) --- ### [DSEAR](https://ashbrookeconsultants.co.uk/tag/dsear/) --- ### [Permitting](https://ashbrookeconsultants.co.uk/tag/permitting/) --- ### [REACH](https://ashbrookeconsultants.co.uk/tag/reach/) --- ### [BREXIT](https://ashbrookeconsultants.co.uk/tag/brexit/) --- ## Categories ### [Health & Safety](https://ashbrookeconsultants.co.uk/course-category/health-safety/) --- ### [Quality Management](https://ashbrookeconsultants.co.uk/course-category/quality-management/) --- ## Tags ### [asbestos](https://ashbrookeconsultants.co.uk/course-tag/asbestos/) --- ### [health and safety](https://ashbrookeconsultants.co.uk/course-tag/health-and-safety/) --- ### [course](https://ashbrookeconsultants.co.uk/course-tag/course/) --- ## Docs Categories ### [Health and Safety](https://ashbrookeconsultants.co.uk/docs-category/health-and-safety/) **Description:** Health and safety knowledge base --- ### [Environment](https://ashbrookeconsultants.co.uk/docs-category/environment/) **Description:** Environment knowledge base --- ### [Risk Management](https://ashbrookeconsultants.co.uk/docs-category/risk-management/) **Description:** Risk management knowledge base --- ### [Asbestos](https://ashbrookeconsultants.co.uk/docs-category/asbestos/) **Description:** Asbestos knowledge base --- ### [Food Safety](https://ashbrookeconsultants.co.uk/docs-category/food-safety/) **Description:** Food safety --- ### [Electricity at work](https://ashbrookeconsultants.co.uk/docs-category/electricity-at-work/) **Description:** Electricity at work --- ### [Personal protective equipment](https://ashbrookeconsultants.co.uk/docs-category/personal-protective-equipment/) **Description:** Personal protective equipment (PPE) --- ### [Manual handling](https://ashbrookeconsultants.co.uk/docs-category/manual-handling/) **Description:** Manual handling --- ### [Fire safety](https://ashbrookeconsultants.co.uk/docs-category/fire-safety/) **Description:** Fire safety --- ### [Quality Management](https://ashbrookeconsultants.co.uk/docs-category/quality-management/) **Description:** Quality management --- ### [ISO 9001](https://ashbrookeconsultants.co.uk/docs-category/iso9001/) **Description:** ISO 9001 Quality Management System --- ### [Accidents](https://ashbrookeconsultants.co.uk/docs-category/accidents/) --- ## Docs Tags ### [Risk](https://ashbrookeconsultants.co.uk/docs-tag/risk/) **Description:** risk --- ### [Asbestos](https://ashbrookeconsultants.co.uk/docs-tag/asbestos/) **Description:** Asbestos --- ### [RIDDOR](https://ashbrookeconsultants.co.uk/docs-tag/riddor/) **Description:** RIDDOR --- ### [ISO 9001](https://ashbrookeconsultants.co.uk/docs-tag/iso9001/) **Description:** ISO 9001 Quality Management System --- ### [Audit](https://ashbrookeconsultants.co.uk/docs-tag/audit/) **Description:** Audit --- ### [Electricity](https://ashbrookeconsultants.co.uk/docs-tag/electricity/) **Description:** Electricity at work --- ### [PPE](https://ashbrookeconsultants.co.uk/docs-tag/ppe/) --- ### [Fire Safety](https://ashbrookeconsultants.co.uk/docs-tag/fire-safety/) --- ### [Food Safety](https://ashbrookeconsultants.co.uk/docs-tag/food-safety/) --- ## Glossaries Terms ### [Quality Assurance](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/quality-assurance/) --- ### [Quality Control](https://ashbrookeconsultants.co.uk/https-ashbrookeconsultants-co-uk-glossary__trashed/quality-control/) ---